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Payment, Funding and Audit provisions Sample Clauses

Payment, Funding and Audit provisions. 26.1.1 In consideration of the Services to be provided by the Employer, the Department agrees to pay the Employer the amounts set out in Schedule 2 of this Agreement on condition that the Employer delivers the Services in accordance with the terms and conditions of this Agreement. 26.1.2 The Employer must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. 26.1.3 The Employer will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Employer, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Employer to address concerns about its financial viability. 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Employer and will not constitute any admission by the Department as to the performance by the Employer of its obligations under this Agreement. Prior to any such payment of Funding, the Department shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Employer, arising from this Agreement or any other agreement between the Employer and the Department. 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 35.3.8 of this Agreement on written notice if the Employer does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred. 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Employer is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Employer at the Employer’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the Employer to repay Funding equivalent to the full amount of the Funding that has been wrongly claimed or paid. If only a sa...
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Payment, Funding and Audit provisions. 4.1.1 Subject to the Terms and Conditions of this Agreement, the Department agrees to pay the Provider the amounts of Funding set out in Schedule 3 (Payment) of this Agreement. 4.1.2 The Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement.
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Payment, Funding and Audit provisions. 32 Contractor’s Records and Audit 35 Indemnities and Liability 36 Insurance 41 Consequences of Termination and Expiry 42 Exit Arrangements 48 Public Relations and Publicity Schedule 4 TUPE Schedule 5 UK GDPR and Data Protection Schedule 6 Security & Department Policies Schedule 7 Exit Arrangements In addition to the Definitions contained in Clause 1 (Definitions) of this Contract, in this Schedule 1: Specification & Monitoring the following words shall have the following meanings:
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Payment, Funding and Audit provisions. 26.1.1 In consideration of the Services to be provided by the Employer, the Department agrees to pay the Employer the amounts set out in Schedule 2 of this Agreement on condition that the Employer delivers the Services in accordance with the terms and conditions of this Agreement. 26.1.2 The Employer must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. 26.1.3 The Employer will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Employer, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Employer to address concerns about its financial viability or to ensure that the Employer complies with requests made by the Department under the Accountability Framework. 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Employer and will not constitute any admission by the Department as to the performance by the Employer of its obligations under this Agreement. Prior to any such payment of Funding, the Department shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Employer, arising from this Agreement or any other agreement between the Employer and the Department. 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Employer is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Employer at the Employer’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the Employer to repay Funding equivalent to the full amount of the Funding that has been wrongly claimed or paid. If only a sample of the Services has been audited, the Department reserves the right to calculate an error rate based on the said sample and claim repayment from the Employer of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Employer under this Agreement. 26....
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Payment, Funding and Audit provisions. 26.1.1 In consideration of the Services to be provided by the College, the Department agrees to pay the College the amounts set out in Schedule 2 of this Agreement on condition that the College delivers the Services in accordance with the terms and conditions of this Agreement. 26.1.2 The College must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. 26.1.3 The College will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the College, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College to address concerns about its financial viability or to ensure that the College complies with requests made by the Department under the Accountability Framework. 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the College and will not constitute any admission by the Department as to the performance by the College of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the College, arising from this Agreement or any other agreement between the College and the Department. 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 35.3.9 of this Agreement on written notice if the College does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. 26.1.7 Where the Department identifies errors which it deems material in the data that the College is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College at the College’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College to repay Funding equiva...
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Payment, Funding and Audit provisions. ‌ 4.1.1 Subject to the Terms and Conditions of this Agreement, the Department agrees to pay the College the amounts of Funding set out in Schedule 3 (Payment) of this Agreement. 4.1.2 The College must use the Funding solely for the purpose of delivering the Services.
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Payment, Funding and Audit provisions. 31.1.1 In consideration of the Services to be provided by the Contractor, the Department agrees to pay the Contractor the amounts set out in Schedule 2 (Payment) of this Contract on condition that the Contractor delivers the Services in accordance with the terms and conditions of this Contract. 31.1.2 The Contractor must use the Funding solely for the purpose of delivering the Services as set out in this Contract. 31.1.3 The Contractor will comply with the Funding Rules published by the Department as amended from time to time. 31.1.4 The Department reserves the right to impose additional Contract obligations where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the Contractor, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor to address concerns about its financial viability. 31.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the Contractor and will not constitute any admission by the Department as to the performance by the Contractor of its obligations under this Contract. Prior to any such payment of Funding, the Department shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the Contractor, arising from this Contract or any other agreement between the Contractor and the Department.
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Payment, Funding and Audit provisions. 4.1.1 Subject to the Terms and Conditions of this Agreement, the Department agrees to pay the NMSS the amounts of Funding set out in Schedule 3 (Payment) of this Agreement. 4.1.2 The NMSS must use the Funding solely for the purpose of delivering the Services as set out in this Agreement.
Sample 1
Payment, Funding and Audit provisions. 4.1.1 Subject to the Terms and Conditions of this Agreement, the Department agrees to pay the College the amounts of Funding set out in Schedule 3 (Payment) of this Agreement. 4.1.2 The College must use the Funding solely for the purpose of delivering the Services. 4.1.3 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the College and will not constitute any admission by the Department as to the performance by the College of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever the amounts of which have been determined or agreed, with or against the College, arising from this Agreement or any other agreement between the College and the Department. 4.1.4 The Department shall be entitled to terminate, pursuant to Clause 4.1.5 Where the Department identifies errors which it deems material in the data that the College is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College at the College’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College to repay Funding equivalent to the full amount of the Funding that has been wrongly claimed or paid. If only a sample of the Services has been audited, the Department reserves the right to calculate an error rate based on the said sample and claim repayment from the College of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College under this Agreement. 4.1.6 Without prejudice to any other provisions in this Agreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 4.1.5, may be recovered by making adjustments to data submitted by the College under the Agreement, or by raising an invoice for payment by the College, or by making deductions from future payments due to the College under the Agreement. Failure to settle such amounts by the College will constitute a breach of agreement. The decision of the Department as to the amount of recovery under this Clause 4 (Payment, Funding and Audit provisions) is final. 4.1.7 Where the Department, in accordance with Clause 4.1.5, identifies errors it may at its discretion review th...
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Related to Payment, Funding and Audit provisions

  • Audit Provisions The Commonwealth shall have the right, at reasonable times and at a site designated by the Commonwealth, to audit the books, documents, and records of the Parties to the extent that the books, documents, and records relate to the Parties’ compliance with the provisions set forth in subsection (b) above or to the Small Diverse Business or Small Business Commitment effectuated through this Subcontract. The Parties shall preserve such books, documents, and records for a period of three years from the date of final payment hereunder. The Parties shall give full and free access to all such records to the Commonwealth and/or its authorized representatives.

  • RECORDS AND AUDIT PROVISIONS ON-SITE AND OFF-SITE REVIEWS/AUDITS

  • ACCOUNTING AND AUDIT The Agency shall utilize and maintain such records and practices regarding receipts and disbursements of the Funds as to be in accordance with generally accepted accounting principles. All such records shall be open to inspection and audit by the City or by the City's designee during normal business hours during the term hereof and for a period of three (3) years after the termination of this Agreement. Any cost incurred by the Agency as a result of a City audit shall be the sole responsibility of and shall be borne by the Agency. In addition, should the Agency provide any or all of the Funds to sub-recipients, then and in that event the Agency shall include in written agreements with such sub-recipients a requirement that records of the sub-recipient be open to inspection and audit by the City or the City's designee to the same extent as those of the Agency.

  • Certifications and Audits Company shall promptly complete and return to BNYM any certifications which BNYM in its sole discretion may from time to time send to Company, certifying that Company is using the Licensed System in strict compliance with the terms and conditions set forth in this Agreement. BNYM may, at its expense and after giving reasonable advance written notice to Company, enter Company locations during normal business hours and audit Company’s utilization of the Licensed System, the number of copies of the Documentation in Company’s possession, and the scope of use and information pertaining to Company’s compliance with the provisions of this Agreement. The foregoing right may be exercised directly by BNYM or by delegation to an independent auditor acting on its behalf. If BNYM discovers that there is any unauthorized scope of use or that Company is not in compliance with the aforementioned provisions, Company shall reimburse BNYM for the full costs incurred in conducting the audit.

  • Records Administration and Audit 14.1.1 The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as will adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right will survive for a period of six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Master Agreement, whichever is later, or such longer period as is required by the Purchasing Entity’s state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder. 14.1.2 Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of fees found as a result of the examination of the Contractor’s records. 14.1.3 The rights and obligations herein exist in addition to any quality assurance obligation in the Master Agreement that requires the Contractor to self-audit contract obligations and that permits the Lead State to review compliance with those obligations.

  • Monitoring and Audit Seller shall provide information on available audit logs and reports relating to cyber and physical and security. Company may audit Seller's records to ensure Seller's compliance with the terms of this Section 1(b)(iii)G (Critical Infrastructure Protection) of this Attachment B (Facility Owned by Seller), provided that Company has provided reasonable notice to Seller and any such records of Seller's will be treated by Company as confidential.

  • Responsibility of Trustee for Conversion Provisions The Trustee, subject to the provisions of Section 6.1, and any Conversion Agent shall not at any time be under any duty or responsibility to any Holder of Securities to determine whether any facts exist which may require any adjustment of the Conversion Rate, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed, herein or in any supplemental indenture provided to be employed, in making the same, or whether a supplemental indenture need be entered into. Neither the Trustee, subject to the provisions of Section 6.1, nor any Conversion Agent shall be accountable with respect to the validity or value (or the kind or amount) of any Common Stock, or of any other securities or property or cash, which may at any time be issued or delivered upon the conversion of any Security; and it or they do not make any representation with respect thereto. Neither the Trustee, subject to the provisions of Section 6.1, nor any Conversion Agent shall be responsible for any failure of the Company to make or calculate any cash payment or to issue, transfer or deliver any shares of Common Stock or share certificates or other securities or property or cash upon the surrender of any Security for the purpose of conversion; and the Trustee, subject to the provisions of Section 6.1, and any Conversion Agent shall not be responsible for any failure of the Company to comply with any of the covenants of the Company contained in this Article.

  • Definitions and Accounting Matters Section 1.01 Terms Defined Above 1 Section 1.02 Certain Defined Terms 1 Section 1.03 Types of Loans and Borrowings 20 Section 1.04 Terms Generally; Rules of Construction 20 Section 1.05 Accounting Terms and Determinations; GAAP 21

  • Calculation of Amounts; Binding Effect of Interpretations and Actions of Master Servicer The Master Servicer will compute the amount of all distributions to be made on the Certificates and all losses to be allocated to the Certificates. In the event that the Master Servicer concludes that any ambiguity or uncertainty exists in any provisions of this Agreement relating to distributions to be made on the Certificates, the allocation of losses to the Certificates or otherwise, the interpretation of such provisions and any actions taken by the Master Servicer in good faith to implement such interpretation shall be binding upon Certificateholders.

  • Termination of Obligations to Effect Closing; Effects (a) The obligations of the Company, on the one hand, and the Investors, on the other hand, to effect the Closing shall terminate as follows: (i) Upon the mutual written consent of the Company and the Investors; (ii) By the Company if any of the conditions set forth in Section 6.2 shall have become incapable of fulfillment, and shall not have been waived by the Company; (iii) By an Investor (with respect to itself only) if any of the conditions set forth in Section 6.1 shall have become incapable of fulfillment, and shall not have been waived by the Investor; or (iv) By either the Company or any Investor (with respect to itself only) if the Closing has not occurred on or prior to the earliest to occur of (i) the effective date of the Merger, (ii) the termination of the Merger Agreement or (iii) December 31, 2004; provided, however, that, except in the case of clause (i) above, the party seeking to terminate its obligation to effect the Closing shall not then be in breach of any of its representations, warranties, covenants or agreements contained in this Agreement or the other Transaction Documents if such breach has resulted in the circumstances giving rise to such party’s seeking to terminate its obligation to effect the Closing. (b) In the event of termination by the Company or any Investor of its obligations to effect the Closing pursuant to this Section 6.3, written notice thereof shall forthwith be given to the other Investors and the other Investors shall have the right to terminate their obligations to effect the Closing upon written notice to the Company and the other Investors. Nothing in this Section 6.3 shall be deemed to release any party from any liability for any breach by such party of the terms and provisions of this Agreement or the other Transaction Documents or to impair the right of any party to compel specific performance by any other party of its obligations under this Agreement or the other Transaction Documents.

Most Referenced Clauses

Most Referenced Definitions