Operational Obligations. 9.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. 9.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement. 9.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 where notification is required to be given through OPS): 9.3.1 immediately once Start on Site and Practical Completion has occurred with respect to each Named Project; 9.3.2 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and 9.3.3 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require. 9.4 Without prejudice to Condition 9.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion: 9.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent; 9.4.2 subject to any contrary requirement of Legislation comply with the Rent Guidance in respect of the AHP Dwellings where applicable; 9.4.3 comply with the Tenancy Standard in respect of the AHP Dwellings where applicable; and 9.4.4 comply at its own cost with the GLA's requirements in relation to Compliance Audit. 9.5 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer and with proper regard to the need for efficiency in the use of public funds. 9.6 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. 9.7 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach. 9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 3 contracts
Samples: Right to Buy Ringfence Agreement, Right to Buy Ringfence Agreement, Right to Buy Ringfence Agreement
Operational Obligations. 9.1 In delivering the Named Project Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 where notification is required to be given through OPS):
9.3.1 . immediately once Start on Site and Practical Completion a Milestone has occurred been achieved with respect to each Named Project;
9.3.2 immediately upon becoming aware ; immediately, in the event of the receipt by it of any event other Public Sector Funding or circumstance guarantees of it, or the offer of the same, in respect of a Named Project (or subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which may have a Material Adverse Effectends three (3) calendar months prior to the relevant rent increase date; and
9.3.3 of (b) on any other event re-let is set in accordance with the then applicable LLR Rent Level (or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 Without prejudice to Condition 9.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 lower); subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicable;
9.4.3 SR Dwellings; comply with the Tenancy Standard in respect of the AHP SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable); and
9.4.4 (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit.
9.5 ; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 . The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 . Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 3 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
Operational Obligations. 9.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 14.1 The Grant Recipient shall procure that the GLAHomes England's Representative (or any person nominated by himthem) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress operation of a Capital Firm Scheme, the provision of the Named Project Revenue Funding Support Services and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 The Grant Recipient must notify the GLA Homes England in writing (save in respect of Condition 9.3.1 where Clause 14.4.1 (Operational Obligations) and Clause 14.4.2 (Operational Obligations) where, in each case, notification is required to be given through OPSIMS):
9.3.1 14.4.1 immediately once the Acquisition Date has occurred;
14.4.2 immediately once Start on Site and Practical Completion has occurred with respect to each Named Projectoccurred;
9.3.2 14.4.3 immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 4.2 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions);
14.4.4 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 14.4.5 of any other event or circumstance in relation the Named Project to a Firm Scheme as the GLA Homes England may reasonably require from time to time and within such timeframes as the GLA Homes England may reasonably require.
9.4 14.5 Without prejudice to Condition 9.1Clause 12.1.1 (Delivery Obligations), the Grant Recipient must in operating and administering the Named Project a Capital Firm Scheme after Practical Capital Firm Scheme Completion:
9.4.1 14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 subject to Clause 23.1 (Repayment of Grant) not use the AHP SHAP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes without Purposes; or
(b) to accommodate individuals from outside of the GLA's prior written consentAgreed Client Group;
9.4.2 subject 14.5.3 not charge a higher initial rent or service charge in relation to any contrary requirement a SHAP Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable criteria and requirements of Legislation the Rent Standard and this Agreement;
14.5.4 comply with the Rent Guidance Standard in respect of the AHP SHAP Dwellings (where applicable);
9.4.3 14.5.5 comply with the Tenancy Standard in respect of the AHP SHAP Dwellings where (to the extent applicable);
14.5.6 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) the letting, management or Disposal of SHAP Dwellings; and
9.4.4 (b) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;
14.5.7 where so directed by Homes England, comply at its own cost with the GLAHomes England's requirements in relation to Compliance Audit.;
9.5 In discharging its obligations under this Agreement14.5.8 in relation to Programme Housing, participate in the Grant Recipient must act at all times with CORE system from time to time (including recording any lettings made);
14.5.9 in relation to each SHAP Dwelling use the utmost good faith, with most appropriate form of tenancy or licence (as set out in the intent to deliver the Ring Fence Offer and with proper Capital Funding Guide) having regard to the need for efficiency in terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, and the efficient use of public funds.
9.6 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.;
Appears in 3 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once Start on Site and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 in relation to a LAR (B) Dwelling, and subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent than the rent set out in limb (a) of the definition of London Affordable Rent (and detailed in the relevant Named Project Details) and ensure that such rent continues to be set and charged in accordance with the relevant criteria and requirements of the Benchmark Rent Level;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be
(i) set and charged in accordance with the criteria of the London Living Rent and (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.4 not charge a higher initial rent in relation to a LAR Dwelling let or to be let at an Affordable Rent than set out in the relevant Named Project Details;
10.4.5 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicableRent Dwellings;
9.4.3 10.4.6 comply with the Tenancy Standard in respect of the AHP Rent Dwellings where and the LLR Dwellings;
10.4.7 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group, letting, rents, management or disposal of AHP Rent Dwellings and/or LLR Dwellings (as applicable); and
9.4.4 (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement.
10.4.8 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.9 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.10 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.11 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; and
10.4.12 ensure that all AAH Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time).
9.5 10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once Start on Site and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 in relation to a LAR (B) Dwelling, and subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent than the rent set out in limb (a) of the definition of London Affordable Rent (and detailed in the relevant Named Project Details) and ensure that such rent continues to be set and charged in accordance with the relevant criteria and requirements of the Benchmark Rent Level;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be
(i) set and charged in accordance with the criteria of the London Living Rent and (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.4 not charge a higher initial rent in relation to a LAR Dwelling let or to be let at an Affordable Rent than set out in the relevant Named Project Details;
10.4.5 subject to any contrary requirement of Legislation comply with the Rent Guidance in respect of the AHP Dwellings where applicableRent Dwellings;
9.4.3 10.4.6 comply with the Tenancy Standard in respect of the AHP Rent Dwellings where and the LLR Dwellings;
10.4.7 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group, letting, rents, management or disposal of AHP Rent Dwellings and/or LLR Dwellings (as applicable); and
9.4.4 (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement.
10.4.8 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.9 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.10 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.11 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; and
10.4.12 ensure that all AAH Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time).
9.5 10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once Start on Site and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 in relation to a LAR (B) Dwelling, and subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent than the rent set out in limb (a) of the definition of London Affordable Rent (and detailed in the relevant Named Project Details) and ensure that such rent continues to be set and charged in accordance with the relevant criteria and requirements of the Benchmark Rent Level;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be
(i) set and charged in accordance with the criteria of the London Living Rent and (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.4 not charge a higher initial rent in relation to a LAR Dwelling let or to be let at an Affordable Rent than set out in the relevant Named Project Details;
10.4.5 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicableRent Dwellings;
9.4.3 10.4.6 comply with the Tenancy Standard in respect of the AHP Rent Dwellings where and the LLR Dwellings;
10.4.7 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group, letting, rents, management or disposal of AHP Rent Dwellings and/or LLR Dwellings (as applicable); and
9.4.4 (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement.
10.4.8 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.9 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.10 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.11 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; and
10.4.12 ensure that all AAH Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time).
9.5 10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient Relevant Consortium Member shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient Relevant Consortium Member with its obligations under this Agreement.
9.3 10.3 The Grant Recipient Relevant Consortium Member must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once Start on Site and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Lead Partner pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient Relevant Consortium Member must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 in relation to a LAR (B) Dwelling, and subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent than the rent set out in limb (a) of the definition of London Affordable Rent (and detailed in the relevant Named Project Details) and ensure that such rent continues to be set and charged in accordance with the relevant criteria and requirements of the Benchmark Rent Level;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be
(i) set and charged in accordance with the criteria of the London Living Rent and (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.4 not charge a higher initial rent in relation to a LAR Dwelling let or to be let at an Affordable Rent than set out in the relevant Named Project Details;
10.4.5 subject to any contrary requirement of Legislation comply with the Rent Standard (if an RP Provider) or Rent Guidance (if a LA Provider) in respect of the AHP Dwellings where applicableRent Dwellings;
9.4.3 10.4.6 comply with the Tenancy Standard in respect of the AHP Rent Dwellings where applicableand the LLR Dwellings;
10.4.7 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Relevant Consortium Member in relation to an AHP Dwelling; and
9.4.4 (c) the purpose, target group, letting, rents, management or disposal of AHP Rent Dwellings and/or LLR Dwellings (as applicable);
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
10.4.8 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.9 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.10 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.11 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; and
10.4.12 ensure that all AAH Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time).
9.5 10.5 The Relevant Consortium Member shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Lead Partner from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient each Consortium Member must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 The Grant Recipient 10.7 Each Consortium Member must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 Each Relevant Consortium Member must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Lead Partner from time to time following consultation).
10.9 Where the Grant Recipient any Consortium Member is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient Relevant Consortium Member shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP DwellingDwelling for which it is the Landlord.
Appears in 2 contracts
Samples: Consortium Grant Agreement, Consortium Grant Agreement
Operational Obligations. 9.1 In delivering the Named Project Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 where notification is required to be given through OPS):
9.3.1 . immediately once Start on Site and Practical Completion a Milestone has occurred been achieved with respect to each Named Project;; subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
9.3.2 immediately upon becoming aware (a) continues to be: i set and charged in accordance with the criteria of any event or circumstance the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which may have a Material Adverse Effectends three (3) calendar months prior to the relevant rent increase date; and
9.3.3 of (b) on any other event re-let is set in accordance with the then applicable LLR Rent Level (or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 Without prejudice to Condition 9.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 lower); subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicable;
9.4.3 SR Dwellings; comply with the Tenancy Standard in respect of the AHP SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome and the RTSO Guidance) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling, including through the Right to Shared Ownership;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable);
(d) the operation of the Right to Shared Ownership; and
9.4.4 (e) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit.
9.5 ; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 . The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 . Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 subject to Condition 17.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be
(i) set and charged in accordance with the criteria of the London Living Rent and (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.4 subject to any contrary requirement of Legislation comply with the Rent Guidance in respect of the AHP Dwellings where applicableLAR Dwellings;
9.4.3 10.4.5 comply with the Tenancy Standard in respect of the LAR Dwellings and the LLR Dwellings;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group, letting, rents, management or disposal of LAR Dwellings where applicable; andand/or LLR Dwellings;
9.4.4 (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant.
9.5 10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 2 contracts
Operational Obligations. 9.1 11.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 11.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 11.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 11.3.1, where notification is required to be given through OPS):
9.3.1 11.3.1 immediately once the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has occurred with respect to each Named Project;
9.3.2 11.3.2 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 11.3.3 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 11.4 Without prejudice to Condition 9.111.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 11.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 11.4.2 not charge a higher initial rent in relation to a LAR Dwelling than the Benchmark Rent Level as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the applicable criteria of the London Affordable Rent;
11.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be:
(a) set and charged in accordance with the criteria of the London Living Rent; and
(b) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
11.4.4 subject to any contrary requirement of Legislation comply with the Rent Guidance in respect of the AHP Rent Dwellings where applicable;
9.4.3 11.4.5 comply with the Tenancy Standard in respect of the AHP Rent Dwellings and the LLR Dwellings where applicable; and;
9.4.4 11.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group, letting, rents, management or disposal of AHP Rent Dwellings and/or LLR Dwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
11.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
11.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
11.4.9 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
11.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant;
11.4.11 ensure that where a Named Project is subject to the Resident Ballot Requirement, the proposals set out in the Landlord Offer are complied with; and
11.4.12 ensure that all AAH Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time).
9.5 11.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
11.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 11.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 11.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
11.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 11.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be
(i) set and charged in accordance with the criteria of the London Living Rent and (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.4 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicableLAR Dwellings;
9.4.3 10.4.5 comply with the Tenancy Standard in respect of the LAR Dwellings and the LLR Dwellings;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwellings where applicableDwelling; and
9.4.4 (c) the purpose, target group, letting, rents, management or disposal of LAR Dwellings and/or LLR Dwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement.
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant.
9.5 10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Approved Provider Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be
(i) set and charged in accordance with the criteria of the London Living Rent and (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.4 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicableLAR Dwellings;
9.4.3 10.4.5 comply with the Tenancy Standard in respect of the LAR Dwellings and the LLR Dwellings;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwellings where applicableDwelling; and
9.4.4 (c) the purpose, target group, letting, rents, management or disposal of LAR Dwellings and/or LLR Dwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant.
9.5 10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1
10.1 In delivering the Named Project Firm Scheme and in operating and administering the Named Project Firm Scheme after Practical Completion, the Grant Recipient must Relevant Consortium Member must:
10.1.1 observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, Guide and the Recovery Determination and Determination; and
10.1.2 use its reasonable endeavours to deliver the Consentscommitments and/or proposals outlined in the Statements.
9.2 10.2 The Grant Recipient Relevant Consortium Member shall procure that the GLAAgency's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project Firm Scheme and to monitor compliance by the Grant Recipient Relevant Consortium Member with its obligations under this Agreement.
9.3 10.3 The Grant Recipient Relevant Consortium Member must notify the GLA Agency in writing (save in respect of Condition 9.3.1 10.3.1 (Operational obligations), where notification is required to be given through OPSIMS):
9.3.1 10.3.1 immediately once the Start on Site and Practical Completion Date has occurred with respect to each Named Projectoccurred;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of the Firm Scheme (or any part of it) beyond any amount of Public Sector Subsidy notified to the Agency by the Lead Partner pursuant to Condition 5.1 (Firm Schemes), Condition 8.2 (Firm Scheme substitution and additions) or Condition 8.9 (Firm Scheme substitution and additions);
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project Firm Scheme as the GLA Agency may reasonably require from time to time and within such timeframes as the GLA Agency may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1 (Operational Obligations), the Grant Recipient Relevant Consortium must in operating and administering the Named Project Firm Scheme after Practical Completion:
9.4.1 10.4.1 subject to Condition 17.1 (Repayment of Grant) not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLAAgency's prior written consent;
9.4.2 subject 10.4.2 not charge a higher initial rent in relation to any contrary requirement of Legislation a Social Rent Dwelling or Affordable Rent Dwelling than set out in the relevant Firm Scheme Details;
10.4.3 comply with the Regulator's Tenancy Standard and the Rent Guidance in respect of the AHP Dwellings where applicable;
9.4.3 comply with the Tenancy Standard in respect of the Social Rent Dwellings and the Affordable Rent Dwellings;
10.4.4 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) any disposal of the Affordable Home Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Relevant Consortium Member in relation to an AHP Dwellings where applicableDwelling; and
9.4.4 (c) the letting, management or disposal of Social Rent Dwellings and/or the Affordable Rent Dwellings;
(d) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement.
10.4.5 comply at its own cost with the GLAAgency's requirements in relation to Compliance Audit;
10.4.6 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner) and complete the "Initial Sales" data screens on IMS promptly following the sale of any Affordable Home Ownership Dwelling;
10.4.7 in relation to each Social Rent Dwelling and Affordable Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds.
9.5 10.5 The Relevant Consortium Member shall ensure that the Agency's requirements from time to time in relation to public relations and publicity for capital projects (including site signage) as notified to the lead Partner from time to time or otherwise as included in the Capital Funding Guide are observed and implemented in respect of each Firm Scheme.
10.6 Each Consortium Member shall:
10.6.1 use its reasonable endeavours to complete its proportion of the Permitted Conversions in accordance with the timescale projected for such Permitted Conversions in the Approved Bid; and
10.6.2 not convert more dwellings let at a Social Rent within its housing stock to Affordable Rent beyond the number required to create its Individual Conversion Capacity; and
10.6.3 not dispose of more dwellings let at a Social Rent within its housing stock on Affordable Home Ownership or market sale terms than are required to create its Individual Conversion Capacity save that nothing in this Condition 10.6.3 (Operational Obligations) is intended to preclude any Consortium Member from making such other disposals from its stock as:
(a) are consistent with its corporate asset management strategies from time to time; and
(b) are consented to by the Regulator.
10.7 In discharging its obligations under this Agreement, the Grant Recipient each Consortium Member must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.funds.
9.6 The Grant Recipient must 10.8 Each Consortium Member must:
10.8.1 comply with all applicable laws, statutes, regulations and codes relating to anti-anti- bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and Bribery Act 2010 (Requirements);
10.8.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
10.8.3 comply with the GLAAgency's ethical, anti-fraud bribery and anti-corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-proceduresxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xx.xx/ethical- policies, in each case as the GLA Agency or the relevant industry body may update from time to timetime (Relevant Policies);
10.8.4 have and maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Requirements, the Relevant Policies and Condition 10.8.2 (Operational Obligations), and will enforce them where appropriate; and
10.8.5 immediately report to the Agency's Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by it in connection with the performance of this Agreement.
9.7 10.9 Where the Grant Recipient any Consortium Member is aware that it is in breach of an obligation under this Condition 9 10 (Operational Obligations) it must promptly notify the GLA Agency of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once Start on Site and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 in relation to a LAR (B) Dwelling, and subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent than the rent set out in limb (a) of the definition of London Affordable Rent (and detailed in the relevant Named Project Details) and ensure that such rent continues to be set and charged in accordance with the relevant criteria and requirements of the Benchmark Rent Levels;
10.4.3 not charge a higher initial rent in relation to a LAR Dwelling let or to be let at an Affordable Rent than set out in the relevant Named Project Details;
10.4.4 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be
(i) set and charged in accordance with the criteria of the London Living Rent and (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.5 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicableRent Dwellings;
9.4.3 10.4.6 comply with the Tenancy Standard in respect of the AHP Rent Dwellings where and the LLR Dwellings;
10.4.7 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group, letting, rents, management or disposal of AHP Rent Dwellings and/or LLR Dwellings (as applicable); and
9.4.4 (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
10.4.8 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.9 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.10 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.11 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; and
10.4.12 ensure that all AAH Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time).
9.5 10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Developer Led Grant Agreement
Operational Obligations. 9.1 11.1 In delivering the Named Project Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 11.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers they consider appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 11.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 11.3.1 and 11.3.2, where notification is required to be given through OPS):
9.3.1 11.3.1 immediately once Start on Site and Practical Completion a Milestone has occurred been achieved with respect to each Named Project;
9.3.2 11.3.2 immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Funding notified to the GLA by the Grant Recipient pursuant to Condition 6.1 or Condition 9.2;
11.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
9.3.3 11.3.4 promptly of any Change in Control relating to the Grant Recipient which it anticipates will occur in next following six month period;
11.3.5 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require; and
11.3.6 immediately as soon as the Grant Recipient becomes aware that the Additionality Condition or the Affordable Percentage Condition will no longer be satisfied.
9.4 11.4 Without prejudice to Condition 9.111.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 11.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 11.4.2 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower);
11.4.3 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP SR Dwellings where and the AR Dwellings (to the extent applicable);
9.4.3 11.4.4 comply with the Tenancy Standard in respect of the AHP SR Dwellings, AR Dwellings and the LLR Dwellings (to the extent applicable);
11.4.5 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an XXX Xxxxxxxx;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of AHP Rent Dwellings and/or LLR Dwellings (as applicable); and
9.4.4 (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
11.4.6 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
11.4.7 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
11.4.8 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy (or in the case of an SSH Dwelling or CHAP Dwelling and where agreed by the GLA in its absolute discretion in OPS, licence) having regard to the terms of the Tenancy Standard and the efficient use of public funds;
11.4.9 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant;
11.4.10 ensure that all AHP Rent Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time);
11.4.11 ensure that where a Named Project is subject to the Resident Ballot Requirement, the proposals set out in the Landlord Offer are complied with; and
11.4.12 comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety.
9.5 11.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
11.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 11.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 11.8 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding 11.9 In relation to any other provision of this Agreement SSH Project the Grant Recipient shallacknowledges and agrees that:
11.9.1 each SSH Dwelling must solely be disposed of or let to (as applicable) individuals which fall within the Agreed Client Group;
11.9.2 where the Named Project Details identify that SSH Revenue Funding is committed to the SSH Project:
(a) the Grant Recipient must secure the relevant SSH Revenue Funding within such timescales as may be necessary to deliver the Agreed Support Services in accordance with the Named Project Details; and
(b) if any body which has committed the SSH Revenue Funding withdraws or reduces (or the Grant Recipient believes they are likely to withdraw or reduce) such SSH Revenue Funding, unless otherwise the Grant Recipient must: i promptly notify the GLA; ii without prejudice to the GLA's rights under Conditions 17, 18 and 19 (and without any expectation that the GLA would provide further funding) the parties will work together to identify whether: A the SSH Project can still be delivered in accordance with this Agreement; or B alternative arrangements can be made to allow the SSH Project or a substantially similar project to be delivered, and the Grant Recipient will promptly co-operate with the GLA in respect of any discussions or arrangements undertaken pursuant to Condition 11.9.2(b) and will amend the Named Project Details on OPS accordingly and/or document and effect any alternative arrangements agreed by such other means as the GLAGLA may determine.
11.9.3 will comply with any requirements of Section 5 of the Affordable Housing Capital Funding Guide which apply from time to time to any SSH Project; and
11.9.4 will provide the GLA with Exemption Evidence prior to the occupation of any SSH Dwelling or CHAP Dwelling which comprises Exempt Accommodation.
11.10 The parties acknowledge that in setting an Affordable Rent Level in respect of any SSH Dwelling, remain liable and responsible it may not be possible for the performance Grant Recipient to identify a comparable market rent for an equivalent property of its obligations under the relevant size and location (an Equivalent Property) in the Broad Market Rental Area. In such a case the Grant Recipient will submit to the GLA a comparable market rent based on Equivalent Properties in alternative comparator areas (the Alternative Market Rent). If the GLA (acting reasonably) does not approve the Grant Recipient's proposed Alternative Market Rent, the Grant Recipient will engage a valuer to identify a comparable market rent from areas outside the Broad Market Rental Area and determine the market rent that will be applicable to the SSH Dwelling in the Broad Market Rental Area (the Comparable Market Rent). In the circumstance contemplated in this Agreement in relation Condition 11.10 the Grant Recipient should set the Affordable Rent Level by reference to each AHP Dwellingthe Comparable Market Rent.
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project Firm Scheme and in operating and administering the Named Project Firm Scheme after Practical Completion, the Grant Recipient must must:
10.1.1 observe and comply with the Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, Guide and (subject to condition 17.12) the Recovery Determination and Determination;
10.1.2 use its reasonable endeavours to deliver the Consentscommitments and/or proposals outlined in the Statements.
9.2 10.2 The Grant Recipient shall procure that the GLAAgency's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA Agency in writing (save in respect of Condition 9.3.1 10.3.1 (Operational obligations), where notification is required to be given through OPSIMS):
9.3.1 10.3.1 immediately once the Start on Site and Practical Completion Date has occurred with respect to each Named Projectoccurred;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of same, in respect of the Firm Scheme (or any part of it) beyond any amount of Public Sector Subsidy notified to the Agency by the Grant Recipient pursuant to Condition 5.1 (Firm Schemes), Condition 8.2 (Firm Scheme substitution and additions) or Condition 8.8 (Firm Scheme substitution and additions);
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project Firm Scheme as the GLA Agency may reasonably require from time to time and within such timeframes as the GLA Agency may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1 (Operational Obligations), the Grant Recipient must in operating and administering the Named Project Firm Scheme after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLAAgency's prior written consent;
9.4.2 subject 10.4.2 not charge a higher initial rent in relation to any contrary requirement of Legislation a Social Rent Dwelling or Affordable Rent Dwelling than set out in the relevant Firm Scheme Details;
10.4.3 comply with the Regulator's Tenancy Standard and the Rent Guidance in respect of the AHP Dwellings where applicable;
9.4.3 comply with the Tenancy Standard in respect of the Social Rent Dwellings and the Affordable Rent Dwellings;
10.4.4 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) any disposal of the Affordable Home Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwellings where applicableDwelling; and
9.4.4 (c) the letting, management or disposal of Social Rent Dwellings and/or the Affordable Rent Dwellings;
(d) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement.
10.4.5 comply at its own cost with the GLAAgency's requirements in relation to Compliance Audit;
10.4.6 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner) and complete the "Initial Sales" data screens on IMS promptly following the sale of any Affordable Home Ownership Dwelling;
10.4.7 in relation to each Social Rent Dwelling and Affordable Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.8 save where the Agency agrees otherwise, procure on any Disposal a written acknowledgement from the disponee in favour of the Agency that the amount of Firm Scheme Grant allocated to the property comprised in the Disposal pursuant to this Agreement in social housing assistance received by it for the purposes of Section 33(7) of the HRA 2008;
10.4.9 provide written notification to the Agency of any Disposal within ten (10) Business Days of such Disposal taking place; and
10.4.10 provide the Agency with such information (and within such timescales) as the Agency may reasonably require to enable the Agency to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.5 10.5 The Grant Recipient shall ensure that the Agency's requirements from time to time in relation to public relations and publicity for capital projects (including site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Capital Funding Guide are observed and implemented in respect of each Firm Scheme.
10.6 The Grant Recipient shall:
10.6.1 use its reasonable endeavours to complete the Permitted Conversions in accordance with the timescale projected for such Permitted Conversions in the Approved Bid; and
10.6.2 not convert more dwellings let at a Social Rent within its housing stock to Affordable Rent beyond the number required to create the Conversion Capacity; and
10.6.3 not dispose of more dwellings let at a Social Rent within its housing stock on Affordable Home Ownership or market sale terms than are required to create the Conversion Capacity save that nothing in this Condition 10.6.3 (Operational Obligations) is intended to preclude the Grant Recipient from making such other Disposals from its stock as:
(a) are consistent with its corporate asset management strategies from time to time; and
(b) are consented to by the Regulator .
10.7 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.8 The Grant Recipient must must:
10.8.1 comply with all applicable laws, statutes, regulations and codes relating to anti-anti- bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and (Requirements);
10.8.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Xxxxxxx Xxx 0000 if such activity, practice or conduct had been carried out in the UK;
10.8.3 comply with the GLAAgency's ethical, anti-fraud bribery and anti-corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-proceduresxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xx.xx/ethical- policies, in each case as the GLA Agency or the relevant industry body may update from time to timetime (Relevant Policies);
10.8.4 have and maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Xxxxxxx Xxx 0000, to ensure compliance with the Requirements, the Relevant Policies and Condition 10.8.2 (Operational Obligations), and will enforce them where appropriate; and
10.8.5 immediately report to the Agency's Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by the Grant Recipient in connection with the performance of this Agreement.
9.7 10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 (Operational Obligations) it must promptly notify the GLA Agency of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1
10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.3 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 not charge a higher initial rent in relation to a LAR Dwelling than:
(a) in the case of a Benchmark Rent Dwelling, and subject always to compliance with the applicable Benchmark Rent Level, the rent set out in limb (a) of the definition of London Affordable Rent (and detailed in the relevant Named Project Details);
(b) in the case of any other LAR Dwelling, the rent set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the applicable criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be:
(a) set and charged in accordance with the criteria of the London Living Rent; and
(b) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.4 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Rent Dwellings where applicable;
9.4.3 10.4.5 comply with the Tenancy Standard in respect of the AHP Rent Dwellings and the LLR Dwellings where applicable;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group, letting, rents, management or disposal of AHP Rent Dwellings and/or LLR Dwellings; and
9.4.4 (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant;
10.4.11 ensure that where a Named Project is subject to the Resident Ballot Requirement, the proposals set out in the Landlord Offer are complied with; and
10.4.12 ensure that all AAH Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time).
9.5 10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 14.1 In delivering Delivering the Named Project Capital Firm Scheme and in operating and administering the Named Project Capital Firm Scheme after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, Guide and the Recovery Determination and the Consents.
9.2 14.2 The Grant Recipient shall procure that the GLAHomes England's Representative (or any person nominated by himthem) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project Capital Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 14.3 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid or the Approved Revenue Bid or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Approved Revenue Bid.
14.4 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.4.1 with the progress against the Approved Capital Bid and the Approved Revenue Bid (if any) including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid or Approved Revenue Bid (as applicable); and
14.4.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.5 The Grant Recipient must notify the GLA Homes England in writing (save in respect of Condition 9.3.1 where Clause 14.5.1 (Operational Obligations) and Clause 14.5.2 (Operational Obligations) where, in each case, notification is required to be given through OPSIMS):
9.3.1 14.5.1 immediately once the Acquisition Date has occurred;
14.5.2 immediately once the Start on Site and Practical Completion Date has occurred with respect to each Named Projectoccurred;
9.3.2 14.5.3 immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 4.1 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause
9.1 (Revenue Firm Schemes), Clause 11.1 (Revenue Firm Scheme additions) or Clause 11.3 (Revenue Firm Scheme additions);
14.5.4 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 14.5.5 of any other event or circumstance in relation to the Named Project Firm Scheme as the GLA Homes England may reasonably require from time to time and within such timeframes as the GLA Homes England may reasonably require.
9.4 14.6 Without prejudice to Condition 9.1Clause 14.1 (Operational Obligations), the Grant Recipient must in operating and administering the Named Project Capital Firm Scheme after Practical Completion:
9.4.1 14.6.1 subject to Clause 23.1 (Repayment of Grant) not use the AHP RSAP Dwellings for any purpose other than the Agreed Purposes without the GLAHomes England's prior written consent;
9.4.2 14.6.2 not charge a higher initial rent in relation to a RSAP Rent Dwelling than set out in the relevant Capital Firm Scheme Details;
14.6.3 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicableRSAP Rent Dwellings;
9.4.3 14.6.4 comply with the Tenancy Standard in respect of the AHP Dwellings where applicableRSAP Rent Dwellings;
14.6.5 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) the letting, management or Disposal of RSAP Rent Dwellings; and
9.4.4 (b) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;
14.6.6 comply at its own cost with the GLAHomes England's requirements in relation to Compliance Audit.;
9.5 In discharging its obligations under this Agreement14.6.7 in relation to RSAP Housing, participate in the Grant Recipient must act at all times with CORE system from time to time (including recording any lettings made);
14.6.8 in relation to each RSAP Rent Dwelling use the utmost good faith, with most appropriate form of tenancy (as set out in the intent to deliver the Ring Fence Offer and with proper Capital Funding Guide) having regard to the need for efficiency in terms of the Tenancy Standard and the efficient use of public funds.;
9.6 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of 14.6.9 ensure that each RSAP Rent Dwelling which is not a new-build development is made available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 Where the Grant Recipient is aware that it is in breach an RSAP Rent Dwelling for a period of an obligation under this Condition 9 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.not less than thirty
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be
(i) set and charged in accordance with the criteria of the London Living Rent and (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.4 subject to any contrary requirement of Legislation comply with the Rent Guidance in respect of the AHP Dwellings where applicableLAR Dwellings;
9.4.3 10.4.5 comply with the Tenancy Standard in respect of the LAR Dwellings and the LLR Dwellings;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group, letting, rents, management or disposal of LAR Dwellings where applicable; andand/or LLR Dwellings;
9.4.4 (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant.
9.5 10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Approved Provider Grant Agreement
Operational Obligations. 9.1 11.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 11.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 11.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 11.3.1 and 11.3.2, where notification is required to be given through OPS):
9.3.1 11.3.1 immediately once the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has occurred with respect to each Named Project;
9.3.2 11.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 6.1 or Condition 9.2;
11.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 11.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 11.4 Without prejudice to Condition 9.111.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 11.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 11.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
11.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be:
(a) set and charged in accordance with the criteria of the London Living Rent; and
(b) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
11.4.4 subject to any contrary requirement of Legislation comply with the Rent Guidance in respect of the AHP Dwellings where applicableLAR Dwellings;
9.4.3 11.4.5 comply with the Tenancy Standard in respect of the LAR Dwellings and the LLR Dwellings;
11.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group, letting, rents, management or disposal of LAR Dwellings where applicableand/or LLR Dwellings; and
9.4.4 (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
11.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
11.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
11.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
11.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant.
9.5 11.4.11 ensure that where a Named Project is subject to the Resident Ballot Requirement, the proposals set out in the Landlord Offer are complied with.
11.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
11.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 11.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 11.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
11.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 11.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Approved Provider Grant Agreement
Operational Obligations. 9.1 14.1 In delivering the Named Project Capital Firm Scheme and in operating and administering the Named Project Capital Firm Scheme after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, Guide and the Recovery Determination and the Consents.
9.2 14.2 The Grant Recipient shall procure that the GLAHomes England's Representative (or any person nominated by himthem) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project Capital Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 14.3 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid or the Approved Revenue Bid or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Approved Revenue Bid.
14.4 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.4.1 with the progress against the Approved Capital Bid and the Approved Revenue Bid (if any) including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid or Approved Revenue Bid (as applicable); and
14.4.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.5 The Grant Recipient must notify the GLA Homes England in writing (save in respect of Condition 9.3.1 where Clause 14.5.1 and Clause 14.5.2 where, in each case, notification is required to be given through OPSIMS):
9.3.1 14.5.1 immediately once the Acquisition Date has occurred;
14.5.2 immediately once the Start on Site and Practical Completion Date has occurred with respect to each Named Projectoccurred;
9.3.2 14.5.3 immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 4.1 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause
9.1 (Revenue Firm Schemes), Clause 11.1 (Revenue Firm Scheme additions) or Clause 11.3 (Revenue Firm Scheme additions);
14.5.4 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 14.5.5 of any other event or circumstance in relation to the Named Project Firm Scheme as the GLA Homes England may reasonably require from time to time and within such timeframes as the GLA Homes England may reasonably require.
9.4 14.6 Without prejudice to Condition 9.1Clause 14.1 (Operational Obligations), the Grant Recipient must in operating and administering the Named Project Capital Firm Scheme after Practical Completion:
9.4.1 14.6.1 subject to Clause 23.1 (Repayment of Grant) not use the AHP RSAP Dwellings for any purpose other than the Agreed Purposes without the GLAHomes England's prior written consent;
9.4.2 14.6.2 not charge a higher initial rent in relation to a RSAP Rent Dwelling than set out in the relevant Capital Firm Scheme Details;
14.6.3 subject to any contrary requirement of Legislation comply with the Rent Guidance in respect of the AHP Dwellings where applicable;
9.4.3 comply with the Tenancy Standard in respect of the AHP Dwellings where applicable; and
9.4.4 comply at its own cost with the GLA's requirements in relation to Compliance Audit.
9.5 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer and with proper regard to the need for efficiency in the use of public funds.
9.6 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.RSAP Rent Dwellings;
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project Firm Scheme and in operating and administering the Named Project Firm Scheme after Practical Completion, the Grant Recipient Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, in the case of a RP Provider the Recovery Determination (to the extent applicable) and the Consents.
9.2 10.2 The Grant Recipient Relevant Consortium Member shall procure that the GLAAgency's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project Firm Scheme and to monitor compliance by the Grant Recipient Relevant Consortium Member with its obligations under this Agreement.
9.3 10.3 The Grant Recipient Relevant Consortium Member must notify the GLA Agency in writing (save in respect of Condition 9.3.1 10.3.1 (Operational obligations), where notification is required to be given through OPSIMS):
9.3.1 10.3.1 immediately once the Start on Site and Practical Completion Date has occurred with respect to each Named Projectoccurred;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of the Firm Scheme (or any part of it) beyond any amount of Public Sector Subsidy notified to the Agency by the Lead Partner pursuant to Condition 5.1 (Firm Schemes), Condition 8.2 (Firm Scheme substitution and additions) or Condition 8.9 (Firm Scheme substitution and additions);
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project Firm Scheme as the GLA Agency may reasonably require from time to time and within such timeframes as the GLA Agency may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1 (Operational Obligations), the Grant Recipient Relevant Consortium Member must in operating and administering the Named Project Firm Scheme after Practical Completion:
9.4.1 10.4.1 subject to Condition 17.1 (Repayment of Grant) not use the AHP SOAHP Dwellings for any purpose other than the Agreed Purposes without the GLAAgency's prior written consent;
9.4.2 10.4.2 not charge a higher initial rent in relation to a SOAHP Rent Dwelling or a Rent to Buy Dwelling than set out in the relevant Firm Scheme Details;
10.4.3 subject to any contrary requirement of the Legislation comply with the Rent Standard (if a RP Provider) or Rent Guidance (if a LA Provider), in respect of the AHP Dwellings where applicableSOAHP Rent Dwellings;
9.4.3 10.4.4 comply with the Tenancy Standard in respect of the AHP SOAHP Rent Dwellings where applicableand the Rent to Buy Dwellings;
10.4.5 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) any Disposal of the Affordable Home Ownership Dwellings and ensure that such Disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Help to Buy: Shared Ownership Lease granted by or to be granted by the Relevant Consortium Member in relation to a SOAHP Dwelling; and
9.4.4 (c) the letting, management or Disposal of SOAHP Rent Dwellings;
(d) the purpose, client group, letting, rents, management and Disposals of Rent to Buy Dwellings;
(e) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement.
10.4.6 comply at its own cost with the GLAAgency's requirements in relation to Compliance Audit;
10.4.7 in relation to SOAHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.8 in relation to each SOAHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds.
9.5 10.4.9 ensure that it is party to a Help to Buy Agreement where any Firm Scheme includes Affordable Home Ownership Dwellings or Rent to Buy Dwellings;
10.4.10 not seek possession of any Affordable Home Ownership Dwelling on the basis of Xxxxxx 0 xx Xxxxxxxx 0 Xxxxxxx Xxx 0000;
10.4.11 ensure that all Rent to Buy Dwellings are made available as Rent to Buy Dwellings for a period of not less than 5 (five) years from the point at which they first becomes available for letting and ensure that prior to any change to that purpose or to any Disposal they are offered for sale to the then current Rent to Buy Tenant; and
10.5 In relation to any LA Scheme, the Relevant Consortium Member must without prejudice to Condition 10.1 (Operational Obligations):
10.5.1 save where the Agency agrees otherwise, procure on any Disposal a written acknowledgement from the disponee in favour of the Agency that the amount of Firm Scheme Grant allocated to the property comprised in the Disposal pursuant to this Agreement is social housing assistance received by it for the purposes of Section 33(7) of the HRA 2008;
10.5.2 provide written notification to the Agency of any Disposal within ten (10) Business Days of such Disposal taking place; and
10.5.3 provide the Agency with such information (and within such timescales) as the Agency may reasonably require to enable the Agency to monitor compliance by the Relevant Consortium Member with its obligations under this Agreement.
10.6 The Relevant Consortium Member shall ensure that the Agency's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Lead Partner from time to time or otherwise as included in the Capital Funding Guide are observed and implemented in respect of each Firm Scheme.
10.7 Each Consortium Member shall:
10.7.1 use its reasonable endeavours to complete its proportion of the Permitted Conversions in accordance with the timescale projected for such Permitted Conversions in the Approved Bid; and
10.7.2 not convert more dwellings let at a Social Rent within its housing stock to Affordable Rent beyond the number required to create its Individual Conversion Capacity; and
10.7.3 not dispose of more dwellings let at a Social Rent within its housing stock on Affordable Home Ownership or market sale terms than are required to create its Individual Conversion Capacity save that nothing in this Condition 10.7.3 (Operational Obligations) is intended to preclude any Consortium Member from making such other disposals from its stock as:
(a) are consistent with its corporate asset management strategies from time to time; and
(b) are consented to by: ii the Secretary of State for Communities and Local Government (or any successor) in relation to a LA Scheme.
10.8 In discharging its obligations under this Agreement, the Grant Recipient each Consortium Member must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 The Grant Recipient must 10.9 Each Consortium Member must:
10.9.1 comply with all applicable laws, statutes, regulations and codes relating to anti-anti- bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and (Requirements);
10.9.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Xxxxxxx Xxx 0000 if such activity, practice or conduct had been carried out in the UK;
10.9.3 comply with the GLAAgency's ethical, anti-fraud bribery and anti-corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-proceduresxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xx.xx/ethical- policies, in each case as the GLA Agency or the relevant industry body may update from time to timetime (Relevant Policies);
10.9.4 have and maintain in place throughout the duration of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Xxxxxxx Xxx 0000, to ensure compliance with the Requirements, the Relevant Policies and Condition 10.9.2 (Operational Obligations), and will enforce them where appropriate;
10.9.5 if required by the Agency, produce a written certificate to it signed by an officer of the Consortium Member, confirming compliance with this Condition 10.8 by the Consortium Member and all persons associated with it under 10.8.6. The Consortium Member shall provide such supporting evidence of compliance as the Agency may reasonably request.
9.7 10.9.6 ensure that any person associated with the Consortium Member who is performing services or providing goods in connection with this Agreement does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on the Consortium Member in this Condition 10.8 (Relevant Terms). The Consortium Member shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to the Agency for any breach by such persons of any of the Relevant Terms.
10.9.7 immediately report to the Agency's Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by it in connection with the performance of this Agreement and for the purpose of this Condition 10.9, the meaning of adequate procedures and foreign public official and whether a person is associated with another person shall be determined in accordance with section 7(2) of the Xxxxxxx Xxx 0000 (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. For the purposes of this Condition 10.9 a person associated with the Consortium Member includes any Subcontractor of the Consortium Member.
10.10 Where the Grant Recipient any Consortium Member is aware that it is in breach of an obligation under this Condition 9 10 (Operational Obligations) it must promptly notify the GLA Agency of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project Firm Scheme and in operating and administering the Named Project Firm Scheme after Practical Completion, the Grant Recipient must must:
10.1.1 observe and comply with Legislation, Legislation and the applicable terms of the Affordable Housing Capital Funding Guide, ;
10.1.2 use its reasonable endeavours to deliver the Recovery Determination and commitments and/or proposals outlined in the ConsentsStatements.
9.2 10.2 The Grant Recipient shall procure that the GLAAgency's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA Agency in writing (save in respect of Condition 9.3.1 10.3.1 (Operational obligations), where notification is required to be given through OPSIMS):
9.3.1 10.3.1 immediately once the Start on Site and Practical Completion Date has occurred with respect to each Named Projectoccurred;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of same, in respect of the Firm Scheme (or any part of it) beyond any amount of Public Sector Subsidy notified to the Agency by the Grant Recipient pursuant to Condition 5.1 (Firm Schemes), Condition 8.2 (Firm Scheme substitution and additions) or Condition 8.8 (Firm Scheme substitution and additions);
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project Firm Scheme as the GLA Agency may reasonably require from time to time and within such timeframes as the GLA Agency may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1 (Operational Obligations), the Grant Recipient must in operating and administering the Named Project Firm Scheme after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLAAgency's prior written consent;
9.4.2 subject 10.4.2 not charge a higher initial rent in relation to any contrary requirement of Legislation a Social Rent Dwelling or Affordable Rent Dwelling than set out in the relevant Firm Scheme Details;
10.4.3 comply with the Regulator's Tenancy Standard and the Rent Guidance in respect of the AHP Social Rent Dwellings where applicableand the Affordable Rent Dwellings;
9.4.3 10.4.4 observe and comply with the Tenancy Standard in respect requirements of the Capital Funding Guide in relation to:
(a) any disposal of the Affordable Home Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwellings where applicableDwelling; and
9.4.4 (c) the letting, management or disposal of Social Rent Dwellings and/or the Affordable Rent Dwellings;
(d) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement.
10.4.5 comply at its own cost with the GLAAgency's requirements in relation to Compliance Audit;
10.4.6 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner) and complete the "Initial Sales" data screens on IMS promptly following the sale of any Affordable Home Ownership Dwelling;
10.4.7 in relation to each Social Rent Dwelling and Affordable Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.8 save where the Agency agrees otherwise, procure on any Disposal a written acknowledgement from the disponee in favour of the Agency that the amount of Firm Scheme Grant allocated to the property comprised in the Disposal pursuant to this Agreement in social housing assistance received by it for the purposes of Section 33(7) of the HRA 2008;
10.4.9 provide written notification to the Agency of any Disposal within ten (10) Business Days of such Disposal taking place; and
10.4.10 provide the Agency with such information (and within such timescales) as the Agency may reasonably require to enable the Agency to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.5 10.5 The Grant Recipient shall ensure that the Agency's requirements from time to time in relation to public relations and publicity for capital projects (including site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Capital Funding Guide are observed and implemented in respect of each Firm Scheme.
10.6 The Grant Recipient shall:
10.6.1 use its reasonable endeavours to complete the Permitted Conversions in accordance with the timescale projected for such Permitted Conversions in the Approved Bid; and
10.6.2 not convert more dwellings let at a Social Rent within its housing stock to Affordable Rent beyond the number required to create the Conversion Capacity; and
10.6.3 not dispose of more dwellings let at a Social Rent within its housing stock on Affordable Home Ownership or market sale terms than are required to create the Conversion Capacity save that nothing in this Condition 10.6.3 (Operational Obligations) is intended to preclude the Grant Recipient from making such other Disposals from its stock as:
(a) are consistent with its corporate asset management strategies from time to time; and
(b) are consented to by the Secretary of State for Communities and Local Government.
10.7 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.8 The Grant Recipient must must:
10.8.1 comply with all applicable laws, statutes, regulations and codes relating to anti-anti- bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and Bribery Act 2010 (Requirements);
10.8.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
10.8.3 comply with the GLAAgency's ethical, anti-fraud bribery and anti-corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-proceduresxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xx.xx/ethical- policies, in each case as the GLA Agency or the relevant industry body may update from time to timetime (Relevant Policies);
10.8.4 have and maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Requirements, the Relevant Policies and Condition 10.8.2 (Operational Obligations), and will enforce them where appropriate; and
10.8.5 immediately report to the Agency's Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by the Grant Recipient in connection with the performance of this Agreement.
9.7 10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 (Operational Obligations) it must promptly notify the GLA Agency of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 11.1 In delivering the Named Project Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 11.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers they consider appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 11.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 11.3.1 and 11.3.2, where notification is required to be given through OPS):
9.3.1 11.3.1 immediately once Start on Site and Practical Completion a Milestone has occurred been achieved with respect to each Named Project;
9.3.2 11.3.2 immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Funding notified to the GLA by the Grant Recipient pursuant to Condition 6.1 or Condition 9.2;
11.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
9.3.3 11.3.4 promptly of any Restructure relating to the Grant Recipient which it anticipates will occur in the next following six month period;
11.3.5 promptly of any Change in Control relating to the Grant Recipient which it anticipates will occur in next following six month period;
11.3.6 in the case of the Grant Recipient being a Profit Making Organisation, promptly of any change in the board of management of the Grant Recipient;
11.3.7 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require; and
11.3.8 immediately as soon as the Grant Recipient becomes aware that the Additionality Condition or the Affordable Percentage Condition will no longer be satisfied.
9.4 11.4 Without prejudice to Condition 9.111.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 11.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 11.4.2 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower);
11.4.3 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP SR Dwellings where and the AR Dwellings (to the extent applicable);
9.4.3 11.4.4 comply with the Tenancy Standard in respect of the AHP SR Dwellings, AR Dwellings and the LLR Dwellings (to the extent applicable);
11.4.5 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome and the RTSO Guidance) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an XXX Xxxxxxxx, including through the Right to Shared Ownership;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of AHP Rent Dwellings and/or LLR Dwellings (as applicable); and
9.4.4 (d) the operation of the Right to Shared Ownership; and
(e) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
11.4.6 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
11.4.7 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
11.4.8 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy (or in the case of an SSH Dwelling or CHAP Dwelling and where agreed by the GLA in its absolute discretion in OPS, licence) having regard to the terms of the Tenancy Standard and the efficient use of public funds;
11.4.9 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant;
11.4.10 ensure that all AHP Rent Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time);
11.4.11 ensure that where a Named Project is subject to the Resident Ballot Requirement, the proposals set out in the Landlord Offer are complied with; and
11.4.12 comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety.
9.5 11.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
11.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 11.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 11.8 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding 11.9 In relation to any other provision of this Agreement SSH Project the Grant Recipient shallacknowledges and agrees that:
11.9.1 each SSH Dwelling must solely be disposed of or let to (as applicable) individuals which fall within the Agreed Client Group;
11.9.2 where the Named Project Details identify that SSH Revenue Funding is committed to the SSH Project:
(a) the Grant Recipient must secure the relevant SSH Revenue Funding within such timescales as may be necessary to deliver the Agreed Support Services in accordance with the Named Project Details; and
(b) if any body which has committed the SSH Revenue Funding withdraws or reduces (or the Grant Recipient believes they are likely to withdraw or reduce) such SSH Revenue Funding, unless otherwise the Grant Recipient must: i promptly notify the GLA; ii without prejudice to the GLA's rights under Conditions 17, 18 and 19 (and without any expectation that the GLA would provide further funding) the parties will work together to identify whether: A the SSH Project can still be delivered in accordance with this Agreement; or B alternative arrangements can be made to allow the SSH Project or a substantially similar project to be delivered, and the Grant Recipient will promptly co-operate with the GLA in respect of any discussions or arrangements undertaken pursuant to Condition 11.9.2(b) and will amend the Named Project Details on OPS accordingly and/or document and effect any alternative arrangements agreed by such other means as the GLAGLA may determine.
11.9.3 will comply with any requirements of Section 5 of the Affordable Housing Capital Funding Guide which apply from time to time to any SSH Project; and
11.9.4 will provide the GLA with Exemption Evidence prior to the occupation of any SSH Dwelling or CHAP Dwelling which comprises Exempt Accommodation.
11.10 The parties acknowledge that in setting an Affordable Rent Level in respect of any SSH Dwelling, remain liable and responsible it may not be possible for the performance Grant Recipient to identify a comparable market rent for an equivalent property of its obligations under the relevant size and location (an Equivalent Property) in the Broad Market Rental Area. In such a case the Grant Recipient will submit to the GLA a comparable market rent based on Equivalent Properties in alternative comparator areas (the Alternative Market Rent). If the GLA (acting reasonably) does not approve the Grant Recipient's proposed Alternative Market Rent, the Grant Recipient will engage a valuer to identify a comparable market rent from areas outside the Broad Market Rental Area and determine the market rent that will be applicable to the SSH Dwelling in the Broad Market Rental Area (the Comparable Market Rent). In the circumstance contemplated in this Agreement in relation Condition 11.10 the Grant Recipient should set the Affordable Rent Level by reference to each AHP Dwellingthe Comparable Market Rent.
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 In delivering the Named Project Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 where notification is required to be given through OPS):
9.3.1 . immediately once Start on Site and Practical Completion a Milestone has occurred been achieved with respect to each Named Project;
9.3.2 immediately upon becoming aware ; immediately, in the event of the receipt by it of any event other Public Sector Funding or circumstance guarantees of it, or the offer of the same, in respect of a Named Project (or subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which may have a Material Adverse Effectends three (3) calendar months prior to the relevant rent increase date; and
9.3.3 of (b) on any other event re-let is set in accordance with the then applicable LLR Rent Level (or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 Without prejudice to Condition 9.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 lower); subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicable;
9.4.3 SR Dwellings; comply with the Tenancy Standard in respect of the SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings where and/or LLR Dwellings (as applicable); and
9.4.4 (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit.
9.5 ; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 . The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 . Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 In delivering the Named Project Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 where notification is required to be given through OPS):
9.3.1 . immediately once Start on Site and Practical Completion a Milestone has occurred been achieved with respect to each Named Project;; subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
9.3.2 immediately upon becoming aware (a) continues to be: i set and charged in accordance with the criteria of any event or circumstance the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which may have a Material Adverse Effectends three (3) calendar months prior to the relevant rent increase date; and
9.3.3 of (b) on any other event re-let is set in accordance with the then applicable LLR Rent Level (or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 Without prejudice to Condition 9.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 lower); subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicable;
9.4.3 SR Dwellings; comply with the Tenancy Standard in respect of the SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable the SO Consultation Outcome and, where the Relevant Consortium Member is an RP Provider, the RTSO Guidance) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Relevant Consortium Member in relation to an AHP Dwelling, including, where the Relevant Consortium Member is an RP Provider, through the Right to Shared Ownership;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable);
(d) the operation of the Right to Shared Ownership (where applicablethe Relevant Consortium Member is an RP Provider); and
9.4.4 (e) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit.
9.5 ; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Relevant Consortium Member shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Lead Partner from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient each Consortium Member must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 The Grant Recipient . Each Consortium Member must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 . Where the Grant Recipient a Consortium Member is aware that it is in breach of an obligation under this Condition 9 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Consortium Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 subject to Condition 17.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be
(i) set and charged in accordance with the criteria of the London Living Rent and (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.4 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicableLAR Dwellings;
9.4.3 10.4.5 comply with the Tenancy Standard in respect of the LAR Dwellings and the LLR Dwellings;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwellings where applicableDwelling; and
9.4.4 (c) the purpose, target group, letting, rents, management or disposal of LAR Dwellings and/or LLR Dwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant.
9.5 10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Approved Provider Grant Agreement
Operational Obligations. 9.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 where notification is required to be given through OPS):
9.3.1 immediately once Start on Site and Practical Completion has occurred with respect to each Named Project;
9.3.2 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 Without prejudice to Condition 9.1, the Grant Recipient must in operating and administering the Named Project a Firm Scheme after Practical Firm Scheme Completion:
9.4.1 11.7.1 subject to Clause 18.1 (Repayment of Grant) not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLAHomes England's prior written consent;
9.4.2 11.7.2 not charge a higher initial rent in relation to an AHP Rent Dwelling or a Rent to Buy Dwelling than set out in the relevant Firm Scheme Details;
11.7.3 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicableRent Dwellings;
9.4.3 11.7.4 comply with the Tenancy Standard in respect of the AHP Rent Dwellings and Rent to Buy Dwellings;
11.7.5 observe and comply with the requirements of the Capital Funding Guide (and where applicable, the SO Consultation Outcome and the RTSO Guidance) in relation to:
(a) any disposal of the Shared Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the letting, management or disposal of AHP Rent Dwellings;
(d) the purpose, client group, letting, rents, management and disposals of Rent to Buy Dwellings;
(e) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement; and
9.4.4 (f) the operation of the Right to Shared Ownership;
11.7.6 comply at its own cost with the GLAHomes England's requirements in relation to Compliance Audit.;
9.5 In discharging its obligations under this Agreement11.7.7 in relation to AHP Housing, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer and with proper regard to the need for efficiency participate in the use of public funds.
9.6 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update CORE system from time to time.time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
9.7 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement 11.7.8 in relation to each AHP Dwelling.Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
11.7.9 ensure that it participates in any Home Ownership Agency Arrangements where any Firm Scheme includes Shared Ownership Dwellings or Rent to Buy Dwellings;
11.7.10 not seek possession of any Shared Ownership Dwelling on the basis of Xxxxxx 0 xx Xxxxxxxx 0 Xxxxxxx Xxx 0000;
11.7.11 ensure that all Rent to Buy Dwellings are made available as Rent to Buy Dwellings for a period of not less than five (5) years from the point at which they first becomes available for letting and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current Rent to Buy Tenant in occupation;
11.7.12 comply with any Legislation, regulations and guidance issued by any Regulatory Body which is in force and/or applies in England in relation to building safety; and
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 11.1 In delivering the Named Project Delivering a Firm Scheme and in operating and administering the Named Project Firm Scheme after Practical Firm Scheme Completion, the Grant Recipient Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, Guide and the Recovery Determination and the Consents.
9.2 11.2 The Grant Recipient Relevant Consortium Member shall procure that the GLAHomes England's Representative (or any person nominated by himthem) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers they consider appropriate to inspect the progress of the Named Project Firm Scheme and to monitor compliance by the Grant Recipient Relevant Consortium Member with its obligations under this Agreement.
9.3 11.3 The Grant Recipient Consortium Members shall provide such evidence as Homes England may reasonably require to satisfy itself that sufficient progress is being made against the Approved Capital Bid pursuant to the terms of this Agreement and that the Consortium Members are complying with the terms and conditions of this Agreement.
11.4 The Relevant Consortium Member must notify the GLA Homes England in writing (save in respect of Condition 9.3.1 clause 11.4.1 (Operational Obligations), where notification is required to be given through OPSIMS by the Lead Partner):
9.3.1 11.4.1 immediately once Start on Site and Practical Completion has occurred with respect to each Named Projectoccurred;
9.3.2 11.4.2 immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of the Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Lead Partner pursuant to clause 5.1 (Firm Schemes), clause 9.2 (Firm Scheme substitution and additions) or clause 9.9 (Firm Scheme substitution and additions);
11.4.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 11.4.4 of any other event or circumstance in relation to the Named Project Firm Scheme as the GLA Homes England may reasonably require from time to time and within such timeframes as the GLA Homes England may reasonably require.
9.4 11.5 Without prejudice to Condition 9.1clause 11.1 (Operational Obligations), the Grant Recipient Relevant Consortium Member must in operating and administering the Named Project a Firm Scheme after Practical Firm Scheme Completion:
9.4.1 11.5.1 subject to clause 18.1 (Repayment of Grant) not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLAHomes England's prior written consent;
9.4.2 11.5.2 not charge a higher initial rent in relation to an AHP Rent Dwelling or a Rent to Buy Dwelling than set out in the relevant Firm Scheme Details;
11.5.3 subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicableRent Dwellings;
9.4.3 11.5.4 comply with the Tenancy Standard in respect of the AHP Rent Dwellings and Rent to Buy Dwellings;
11.5.5 observe and comply with the requirements of the Capital Funding Guide (and where applicable, the SO Consultation Outcome and the RTSO Guidance) in relation to:
(a) any disposal of the Shared Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by Relevant Consortium Member in relation to an AHP Dwelling;
(c) the letting, management or disposal of AHP Rent Dwellings;
(d) the purpose, client group, letting, rents, management and disposals of Rent to Buy Dwellings;
(e) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement; and
9.4.4 (f) the operation of the Right to Shared Ownership (where the Relevant Consortium Member is an RP Provider);
11.5.6 comply at its own cost with the GLAHomes England's requirements in relation to Compliance Audit.;
9.5 In discharging its obligations under this Agreement11.5.7 in relation to AHP Housing, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer and with proper regard to the need for efficiency participate in the use of public funds.
9.6 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update CORE system from time to time.time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
9.7 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement 11.5.8 in relation to each AHP Dwelling.Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
11.5.9 ensure that it participates in any Home Ownership Agency Arrangements where any Firm Scheme includes Shared Ownership Dwellings or Rent to Buy Dwellings;
11.5.10 not seek possession of any Shared Ownership Dwelling on the basis of Xxxxxx 0 xx Xxxxxxxx 0 Xxxxxxx Xxx 0000;
11.5.11 ensure that all Rent to Buy Dwellings are made available as Rent to Buy Dwellings for a period of not less than five (5) years from the point at which they first becomes available for letting and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current Rent to Buy Tenant in occupation;
11.5.12 comply with any Legislation, regulations and guidance issued by any Regulatory Body which is in force and/or applies in England in relation to building safety; and
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 In delivering the Named Project Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 where notification is required to be given through OPS):
9.3.1 . immediately once Start on Site and Practical Completion a Milestone has occurred been achieved with respect to each Named Project;; subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
9.3.2 immediately upon becoming aware (a) continues to be: i set and charged in accordance with the criteria of any event or circumstance the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which may have a Material Adverse Effectends three (3) calendar months prior to the relevant rent increase date; and
9.3.3 of (b) on any other event re-let is set in accordance with the then applicable LLR Rent Level (or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 Without prejudice to Condition 9.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 lower); subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicable;
9.4.3 SR Dwellings; comply with the Tenancy Standard in respect of the SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable the SO Consultation Outcome and, where the Relevant Consortium Member is an RP Provider, the RTSO Guidance) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Relevant Consortium Member in relation to an AHP Dwelling, including, where the Relevant Consortium Member is an RP Provider, through the Right to Shared Ownership;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable);
(d) the operation of the Right to Shared Ownership (where applicablethe Relevant Consortium Member is an RP Provider); and
9.4.4 (e) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit.
9.5 ; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Relevant Consortium Member shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Lead Partner from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient each Consortium Member must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 The Grant Recipient . Each Consortium Member must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 . Where the Grant Recipient a Consortium Member is aware that it is in breach of an obligation under this Condition 9 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Consortium Grant Agreement
Operational Obligations. 9.1 In delivering the Named Project Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 where notification is required to be given through OPS):
9.3.1 . immediately once Start on Site and Practical Completion a Milestone has occurred been achieved with respect to each Named Project;; subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
9.3.2 immediately upon becoming aware (a) continues to be: i set and charged in accordance with the criteria of any event or circumstance the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which may have a Material Adverse Effectends three (3) calendar months prior to the relevant rent increase date; and
9.3.3 of (b) on any other event re-let is set in accordance with the then applicable LLR Rent Level (or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 Without prejudice to Condition 9.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 lower); subject to any contrary requirement of Legislation comply with the Rent Guidance Standard in respect of the AHP Dwellings where applicable;
9.4.3 SR Dwellings; comply with the Tenancy Standard in respect of the AHP SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome and the RTSO Guidance) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling, including through the Right to Shared Ownership;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable);
(d) the operation of the Right to Shared Ownership; and
9.4.4 (e) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit.
9.5 ; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 . The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 . Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 11.1 In delivering the Named Project Delivering a Firm Scheme and in operating and administering the Named Project Firm Scheme after Practical Firm Scheme Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, Guide and the Recovery Determination and the Consents.
9.2 11.2 The Grant Recipient shall procure that the GLAHomes England's Representative (or any person nominated by himthem) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers they consider appropriate to inspect the progress of the Named Project Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 11.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to satisfy itself that sufficient progress is being made against the Approved Capital Bid pursuant to the terms of this Agreement and that the Grant Recipient is complying with the terms and conditions of this Agreement.
11.4 The Grant Recipient must notify the GLA Homes England in writing (save in respect of Condition 9.3.1 Clause
11.5.1 ( 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
11.4.1 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.
11.5 Operational Obligations), where notification is required to be given through OPSIMS):
9.3.1 11.5.1 immediately once Start on Site and Practical Completion has occurred with respect to each Named Projectoccurred;
9.3.2 immediately upon becoming aware 11.5.2 immediately, in the event of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 the receipt by it of any other event Public Sector Funding or circumstance in relation guarantees of it, or the Named Project as offer of the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 Without prejudice to Condition 9.1same, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 subject to any contrary requirement of Legislation comply with the Rent Guidance in respect of the AHP Dwellings where applicable;
9.4.3 comply with the Tenancy Standard in respect Firm Scheme (or any part of the AHP Dwellings where applicable; and
9.4.4 comply at its own cost with the GLA's requirements in relation it) beyond any amount of Public Sector Funding notified to Compliance Audit.
9.5 In discharging its obligations under this Agreement, Homes England by the Grant Recipient must act at all times with the utmost good faithpursuant to Clause 5.1 (Firm Schemes), with the intent to deliver the Ring Fence Offer and with proper regard to the need for efficiency in the use of public funds.
9.6 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.Clause
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 In delivering the Named Project Delivering a Firm Scheme and in operating and administering the Named Project Firm Scheme after Practical Firm Scheme Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, Guide and the Recovery Determination and the Consents.
9.2 . The Grant Recipient shall procure that the GLAHomes England's Representative (or any person nominated by himthem) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers they consider appropriate to inspect the progress of the Named Project Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 . The Grant Recipient shall provide such evidence as Homes England may reasonably require to satisfy itself that sufficient progress is being made against the Approved Capital Bid pursuant to the terms of this Agreement and that the Grant Recipient is complying with the terms and conditions of this Agreement. The Grant Recipient must notify the GLA Homes England in writing (save in respect of Condition 9.3.1 Clause 11.5.1 (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. Operational Obligations), where notification is required to be given through OPS):
9.3.1 IMS): immediately once Start on Site and Practical Completion has occurred with respect to each Named Project;
9.3.2 immediately upon becoming aware occurred; immediately, in the event of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 the receipt by it of any other event Public Sector Funding or circumstance in relation guarantees of it, or the Named Project as offer of the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 Without prejudice to Condition 9.1same, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 subject to any contrary requirement of Legislation comply with the Rent Guidance in respect of the AHP Dwellings where applicable;
9.4.3 comply with the Tenancy Standard in respect Firm Scheme (or any part of the AHP Dwellings where applicable; and
9.4.4 comply at its own cost with the GLA's requirements in relation it) beyond any amount of Public Sector Funding notified to Compliance Audit.
9.5 In discharging its obligations under this Agreement, Homes England by the Grant Recipient must act at all times with the utmost good faithpursuant to Clause 5.1 (Firm Schemes), with the intent to deliver the Ring Fence Offer and with proper regard to the need for efficiency in the use of public funds.
9.6 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.Clause
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1
10.1 In delivering the Named Project Firm Scheme and in operating and administering the Named Project Firm Scheme after Practical Completion, the Grant Recipient must must:
10.1.1 observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, Guide and the Recovery Determination and Determination;
10.1.2 use its reasonable endeavours to deliver the Consentscommitments and/or proposals outlined in the Statements.
9.2 10.2 The Grant Recipient shall procure that the GLAAgency's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 10.3 The Grant Recipient must notify the GLA Agency in writing (save in respect of Condition 9.3.1 10.3.1 (Operational obligations), where notification is required to be given through OPSIMS):
9.3.1 10.3.1 immediately once the Start on Site and Practical Completion Date has occurred with respect to each Named Projectoccurred;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of same, in respect of the Firm Scheme (or any part of it) beyond any amount of Public Sector Subsidy notified to the Agency by the Grant Recipient pursuant to Condition 5.1 (Firm Schemes), Condition 8.2 (Firm Scheme substitution and additions) or Condition 8.9 (Firm Scheme substitution and additions);
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project Firm Scheme as the GLA Agency may reasonably require from time to time and within such timeframes as the GLA Agency may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1 (Operational Obligations), the Grant Recipient must in operating and administering the Named Project Firm Scheme after Practical Completion:
9.4.1 10.4.1 subject to Condition 17.1 (Repayment of Grant) not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLAAgency's prior written consent;
9.4.2 subject 10.4.2 not charge a higher initial rent in relation to any contrary requirement of Legislation a Social Rent Dwelling or Affordable Rent Dwelling than set out in the relevant Firm Scheme Details;
10.4.3 comply with the Regulator's Tenancy Standard and the Rent Guidance in respect of the AHP Dwellings where applicable;
9.4.3 comply with the Tenancy Standard in respect of the Social Rent Dwellings and the Affordable Rent Dwellings;
10.4.4 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) any disposal of the Affordable Home Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwellings where applicableDwelling; and
9.4.4 (c) the letting, management or disposal of Social Rent Dwellings and/or the Affordable Rent Dwellings;
(d) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement.
10.4.5 comply at its own cost with the GLAAgency's requirements in relation to Compliance Audit;
10.4.6 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner) and complete the "Initial Sales" data screens on IMS promptly following the sale of any Affordable Home Ownership Dwelling;
10.4.7 in relation to each Social Rent Dwelling and Affordable Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds.
9.5 10.5 The Grant Recipient shall ensure that the Agency's requirements from time to time in relation to public relations and publicity for capital projects (including site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Capital Funding Guide are observed and implemented in respect of each Firm Scheme.
10.6 The Grant Recipient shall:
10.6.1 use its reasonable endeavours to complete the Permitted Conversions in accordance with the timescale projected for such Permitted Conversions in the Approved Bid; and
10.6.2 not convert more dwellings let at a Social Rent within its housing stock to Affordable Rent beyond the number required to create the Conversion Capacity; and
10.6.3 not dispose of more dwellings let at a Social Rent within its housing stock on Affordable Home Ownership or market sale terms than are required to create the Conversion Capacity save that nothing in this Condition 10.6.3 (Operational Obligations) is intended to preclude the Grant Recipient from making such other disposals from its stock as:
(a) are consistent with its corporate asset management strategies from time to time; and
(b) are consented to by the Regulator.
10.7 In discharging its obligations under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.funds.
9.6 10.8 The Grant Recipient must must:
10.8.1 comply with all applicable laws, statutes, regulations and codes relating to anti-anti- bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 and Bribery Act 2010 (Requirements);
10.8.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
10.8.3 comply with the GLAAgency's ethical, anti-fraud bribery and anti-corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-proceduresxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xx.xx/ethical- policies, in each case as the GLA Agency or the relevant industry body may update from time to timetime (Relevant Policies);
10.8.4 have and maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Requirements, the Relevant Policies and Condition 10.8.2 (Operational Obligations), and will enforce them where appropriate; and
10.8.5 immediately report to the Agency's Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by the Grant Recipient in connection with the performance of this Agreement.
9.7 10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 9 10 (Operational Obligations) it must promptly notify the GLA Agency of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations. 9.1 10.1 In delivering the Named Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents.
9.2 10.2 The Grant Recipient Relevant Consortium Member shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient Relevant Consortium Member with its obligations under this Agreement.
9.3 10.3 The Grant Recipient Relevant Consortium Member must notify the GLA in writing (save in respect of Condition 9.3.1 Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
9.3.1 10.3.1 immediately once the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has occurred with respect to each Named Project;
9.3.2 10.3.2 immediately, in the event of the receipt by it of any other Public Sector Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Lead Partner pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
9.3.3 10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
9.4 10.4 Without prejudice to Condition 9.110.1, the Grant Recipient Relevant Consortium Member must in operating and administering the Named Project after Practical Completion:
9.4.1 10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
9.4.2 10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling continues to be (i) set and charged in accordance with the criteria of the London Living Rent and (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date;
10.4.4 subject to any contrary requirement of Legislation comply with the Rent Standard (if an RP Provider) or Rent Guidance (if a LA Provider) in respect of the AHP Dwellings where applicableLAR Dwellings;
9.4.3 10.4.5 comply with the Tenancy Standard in respect of the LAR Dwellings and the LLR Dwellings;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Relevant Consortium Member in relation to an AHP Dwellings where applicableDwelling; and
9.4.4 (c) the purpose, target group, letting, rents, management or disposal of LAR Dwellings and/or LLR Dwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant.
9.5 10.5 The Relevant Consortium Member shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Lead Partner from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project.
10.6 In discharging its obligations under this Agreement, the Grant Recipient each Consortium Member must act at all times with the utmost good faith, with the intent to deliver the Ring Fence Offer Approved Bid and with proper regard to the need for efficiency in the use of public funds.
9.6 The Grant Recipient 10.7 Each Consortium Member must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Xxxxxxx Xxx 0000 Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- :xxxxx://xxx.xxxxxx.xxx.xx/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time.
9.7 10.8 Each Relevant Consortium Member must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Lead Partner from time to time following consultation).
10.9 Where the Grant Recipient any Consortium Member is aware that it is in breach of an obligation under this Condition 9 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 10.10 Notwithstanding any other provision of this Agreement the Grant Recipient Relevant Consortium Member shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP DwellingDwelling for which it is the Landlord.
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