Operational Obligations. 15.1 In Delivering the Capital Firm Scheme and in operating and administering the Capital Firm Scheme after Practical Completion, the Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination (to the extent applicable) and the Consents. 15.2 The Relevant Consortium Member shall procure that Homes England's Representative (or any person nominated by them) 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 Capital Firm Scheme and to monitor compliance by the Relevant Consortium Member with its obligations under this Agreement. 15.3 The Relevant Consortium Member 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. 15.4 The Relevant Consortium Member shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself: 15.4.1 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 15.4.2 that the Relevant Consortium Member's compliance with the terms and conditions of this Agreement.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Operational Obligations.
15.1 In Delivering the Capital Firm Scheme and in operating and administering the Capital Firm Scheme after Practical Completion, the Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination (to the extent applicable) and the Consents.
15.2 The Relevant Consortium Member shall procure that Homes England's Representative (or any person nominated by them) 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 Capital Firm Scheme Revenue Funding Support Services and to monitor compliance by the Relevant Consortium Member with its obligations under this Agreement.
15.3 15.2 The Lead Partner (on behalf of the Relevant Consortium Member Member) must agree in advance with Homes England any significant changes to the Approved Capital Bid or Bid, the Approved First Revenue Bid Funding Schemes 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.Funding Scheme Details in respect of the First Revenue Funding Schemes.
15.4 15.3 The Relevant Consortium Member shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
15.4.1 15.3.1 with the progress against the Approved Capital Bid and the Approved Revenue Bid Funding Schemes (if any) including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid or Approved Revenue Bid (as applicableBid); and
15.4.2 15.3.2 that the Relevant Consortium Member's compliance Member is complying with the terms and conditions of this Agreement.
15.4 The Relevant Consortium Member must notify Homes England in writing (save in respect of Clause 15.4.1 (Operational Obligations) and Clause 15.4.2 (Operational Obligations) where, in each case, notification is required to be given through IMS by the Lead Partner):
15.4.1 immediately once the Acquisition Date has occurred;
15.4.2 immediately once Start on Site has occurred;
15.4.3 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 Lead Partner 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 Relevant Consortium Member pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions);
15.4.4 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
15.4.5 of any other event or circumstance in relation to a Firm Scheme as Homes England may reasonably require from time to time and within such timeframes as Homes England may reasonably require.
15.5 Without prejudice to Clause 13.1.1 (Delivery Obligations), the Relevant Consortium Member must in operating and administering a Capital Firm Scheme after Capital Firm Scheme Completion:
15.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
15.5.2 subject to Clause 24.1 (Repayment of Grant) not use the SHAP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of the Agreed Client Group;
15.5.3 not charge a higher initial rent or service charge in relation to 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 the Rent Standard and this Agreement;
15.5.4 comply with the Rent Standard in respect of the SHAP Dwellings (where applicable);
15.5.5 comply with the Tenancy Standard in respect of the SHAP Dwellings (to the extent applicable);
15.5.6 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) the letting, management or Disposal of SHAP Dwellings; and
(b) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;
15.5.7 where so directed by Homes England, comply at its own cost with Homes England's requirements in relation to Compliance Audit;
15.5.8 in relation to Programme Housing, participate in the CORE system from time to time (including recording any lettings made);
15.5.9 in relation to each SHAP Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, and the efficient use of public funds;
15.5.10 provide Homes England with a completed Disposal Notification no less than fourteen (14) Business Days prior to a Disposal taking place (such notification to reflect any applicable requirements of the Capital Funding Guide); and
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations.
15.1 In Delivering the Capital Firm Scheme and in operating and administering the Capital Firm Scheme after Practical Completion, the Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination (to the extent applicable) and the Consents.Consents.
15.2 The Relevant Consortium Member shall procure that Homes England's Representative (or any person nominated by them) 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 Capital Firm Scheme and to monitor compliance by the Relevant Consortium Member with its obligations under this Agreement.
15.3 The Relevant Consortium Member 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.Bid.
15.4 The Relevant Consortium Member shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
15.4.1 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
15.4.2 that the Relevant Consortium Member's compliance with the terms and conditions of this Agreement.
15.5 The Relevant Consortium Member must notify Homes England in writing (save in respect of Clause 15.5.1 (Operational Obligations) and Clause 15.5.2 (Operational Obligations) where, in each case, notification is required to be given through IMS):
15.5.1 immediately once the Acquisition Date has occurred;
15.5.2 immediately once the Start on Site Date has occurred;
15.5.3 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 Lead Partner 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 Relevant Consortium Member pursuant to Clause 9.1 (Revenue Firm Schemes), Clause 11.1 (Revenue Firm Scheme additions) or Clause 11.3 (Revenue Firm Scheme additions);
15.5.4 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
15.5.5 of any other event or circumstance in relation to the Firm Scheme as Homes England may reasonably require from time to time and within such timeframes as Homes England may reasonably require.
15.6 Without prejudice to Clause 15.1 (Operational Obligations), the Relevant Consortium Member must in operating and administering the Capital Firm Scheme after Practical Completion:
15.6.1 subject to Clause 24.1 (Repayment of grant) not use the RSAP Dwellings for any purpose other than the Agreed Purposes without Homes England's prior written consent;
15.6.2 not charge a higher initial rent in relation to a RSAP Rent Dwelling than set out in the relevant Capital Firm Scheme Details;
15.6.3 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the RSAP Rent Dwellings;
15.6.4 comply with the Tenancy Standard in respect of the RSAP Rent Dwellings;
15.6.5 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
(b) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;
15.6.6 comply at its own cost with Homes England's requirements in relation to Compliance Audit;
15.6.7 in relation to RSAP Housing, participate in the CORE system from time to time (including recording any lettings made);
15.6.8 in relation to each RSAP Rent Dwelling use the most appropriate form of tenancy (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard and the efficient use of public funds;
15.6.9 ensure that each RSAP Rent Dwelling which is not a new-build development is made available as an RSAP Rent Dwelling for a period of not less than thirty
Appears in 1 contract
Samples: Grant Agreement
Operational Obligations.
15.1 14.1 In Delivering the Capital Firm Scheme and in operating and administering the Capital Firm Scheme after Practical Completion, the Relevant Consortium Member Grant Recipient must observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination (to the extent applicable) and the Consents.Consents.
15.2 14.2 The Relevant Consortium Member Grant Recipient shall procure that Homes England's Representative (or any person nominated by them) 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 Capital Firm Scheme and to monitor compliance by the Relevant Consortium Member Grant Recipient with its obligations under this Agreement.
15.3 14.3 The Relevant Consortium Member 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.Bid.
15.4 14.4 The Relevant Consortium Member Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
15.4.1 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
15.4.2 14.4.2 that the Relevant Consortium Member's compliance Grant Recipient is complying with the terms and conditions of this Agreement.
Appears in 1 contract
Samples: Grant Agreement
