Common use of Payment, Funding and Audit provisions Clause in Contracts

Payment, Funding and Audit provisions. 30.1.1 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 of this Contract on condition that the Contractor delivers the Services in accordance with the terms and conditions of this Contract. 30.1.2 The Contractor must use the Funding solely for the purpose of delivering the Services as set out in this Contract. 30.1.3 The Contractor will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 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. 30.1.5 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. 30.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred. 30.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor is required to provide under the Contract to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor at the Contractor’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 Contractor 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 Contractor of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor under this Contract. 30.1.8 Without prejudice to any other provisions in this Contract, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.7, may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or by making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) of this Contract. The decision of the Department as to the amount of recovery under this Clause 30.1 (Payment, Funding and Audit provisions) is final. 30.1.9 Where the Department, in accordance with Clause 30.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the Department will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 30.1.10 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viability. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. Prior to any such payment of Funding, the Department shall will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 36.3.9 of this Contract Agreement on written notice if the Contractor Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the funding academic year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.626.1.6, the Department will withdraw the allocation of Funding for the Funding Year academic year and will take action to recover Funds where payments have already occurred. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a procure an independent 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the Contractor Provider 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 Contractor Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Provider under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the Provider’s controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 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 of this Contract on condition that the Contractor delivers the Services in accordance with the terms and conditions of this Contract. 30.1.2 The Contractor must use the Funding solely for the purpose of delivering the Services as set out in this Contract. 30.1.3 The Contractor will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 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. 30.1.5 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. 30.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred.Clause 30.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor is required to provide under the Contract to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor at the Contractor’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 Contractor 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 Contractor of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor under this Contract. 30.1.8 Without prejudice to any other provisions in this Contract, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.7, may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or by making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) of this Contract. The decision of the Department as to the amount of recovery under this Clause 30.1 (Payment, Funding and Audit provisions) is final. 30.1.9 Where the Department, in accordance with Clause 30.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the Department will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 30.1.10 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viabilityviability or to ensure that the Provider complies with requests made by the Department under the Apprenticeship Accountability Framework. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. 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 ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred.Clause 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a procure an independent 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor Provider 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 Contractor of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor under this Contract.based 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the Provider’s controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viability. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. 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 ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 35.3.8 this Contract Agreement on written notice if the Contractor Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year Funding Year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.626.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor Provider 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 Contractor of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor under this Contract.Funding 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 34 (Minor and Serious Breach) of this ContractAgreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viability. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. 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 ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 35.3.9 this Contract Agreement on written notice if the Contractor Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year Funding Year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.626.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a procure an independent 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor Provider 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 Contractor Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Provider under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the Provider’s controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorNMSS, the Department agrees to pay the Contractor NMSS the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor NMSS delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor NMSS must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor NMSS will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorNMSS, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor NMSS to address concerns about its financial viability. 30.1.5 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 Contractor NMSS and will not constitute any admission by the Department as to the performance by the Contractor NMSS of its obligations under this ContractAgreement. Prior to any such payment of Funding, the Department shall will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ContractorNMSS, arising from this Contract Agreement or any other agreement between the Contractor NMSS and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 36.3.9 this Contract Agreement on written notice if the Contractor NMSS does not recruit enrol and/or data returns reveal that no Learners Pupils have been enrolled for the funding academic year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.626.1.6, the Department will withdraw the allocation of Funding for the Funding Year academic year and will take action to recover Funds where payments have already occurred. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor NMSS is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor NMSS at the ContractorNMSS’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 Contractor NMSS 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 Contractor NMSS of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor NMSS under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor NMSS under the ContractAgreement, or by raising an invoice for payment by the ContractorNMSS, or by making deductions from future payments due to the Contractor NMSS under the ContractAgreement. Failure to settle such amounts by the Contractor NMSS will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this ContractAgreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorNMSS's cost (or the Department will procure and recharge to the Contractor NMSS at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of this Agreement. 30.1.10 26.1.10 The Department may implement a reduction in Funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the NMSS has been overpaid as a result, the Department will notify the NMSS in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the NMSS wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the NMSS must put them in writing within 5 Working Days of the date the notification received from the Department. The NMSS may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the NMSS should have been allocated. 26.1.13 The Department will consider any representations made by the NMSS in accordance with Clause 26.1.12 and issue the NMSS with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the NMSS is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viabilityviability or to ensure that the Provider complies with requests made by the Department under the Apprenticeship Accountability Framework. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. Prior to any such payment of Funding, the Department shall will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred.Clause 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a procure an independent 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor Provider 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 Contractor Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Provider under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the Provider’s controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 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 of this Contract on condition that the Contractor delivers the Services in accordance with the terms and conditions of this Contract. 30.1.2 The Contractor must use the Funding solely for the purpose of delivering the Services as set out in this Contract. 30.1.3 The Contractor will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 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. 30.1.5 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. 30.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred.Clause 30.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor is required to provide under the Contract to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor at the Contractor’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 Contractor 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 Contractor of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor under this Contract. 30.1.8 Without prejudice to any other provisions in this Contract, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.7, may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or by making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractcontract. The decision of the Department as to the amount of recovery under this Clause 30.1 (Payment, Funding and Audit provisions) is final. 30.1.9 Where the Department, in accordance with Clause 30.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the Department will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of contract. 30.1.10 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 In consideration 4.1.1 Subject to the Terms and Conditions of the Services to be provided by the Contractorthis Agreement, the Department agrees to pay the Contractor Provider the amounts of Funding set out in Schedule 2 3 (Payment) of this Contract on condition that the Contractor delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 4.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 The Contractor will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 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. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. 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 the amounts of which have been determined or agreed, with or against the ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 4.1.4 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred.Clause 30.1.7 4.1.5 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a procure an independent 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor Provider 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 Contractor Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Provider under this ContractAgreement. 30.1.8 4.1.6 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.74.1.5, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 (Payment, Funding and Audit provisions) 4.1 is final. 30.1.9 4.1.7 Where the Department, in accordance with Clause 30.1.74.1.5, identifies errors it may at its discretion review the Provider’s controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 4.1.8 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 42 (Amendments to this Agreement). 4.1.9 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 4.1.10 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 4.1.9, the Provider must put them in writing within 5 Working Days of the date the notification is received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 4.1.11 The Department will consider any representations made by the Provider in accordance with Clause 4.1.10 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 3 (Payment) setting out the corrected Funding allocation. 4.1.12 The decision of the Department as to the amount of recovery of Funding that is due to it from the Provider is final. 4.1.13 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 ‌ 29.1.1 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 3 (Payment) of this Contract on condition that the Contractor delivers the Services in accordance with the terms and conditions of this Contract. 30.1.2 29.1.2 The Contractor must use the Funding solely for the purpose of delivering the Services as set out in this Contract. 30.1.3 29.1.3 The Contractor will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 29.1.4 With effect from 1 August 2024, the Contractor shall comply with the requirements of, and have regard to the guidance in, the Financial Handbook for Independent Training Providers (the 'Financial Handbook') unless the Contractor is a provider which is outside the scope of the Financial Handbook as set out in Annex A of the Financial Handbook.’ 29.1.5 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.secure 30.1.5 29.1.6 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. 30.1.6 29.1.7 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred.Clause‌ 30.1.7 29.1.8 Where the Department identifies errors which it deems to be material in the data that the Contractor is required to provide under the Contract to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor at the Contractor’s cost to carry out a procure an independent 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor 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 Contractor of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor under this Contract.Contract.‌ 30.1.8 29.1.9 Without prejudice to any other provisions in this Contract, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.729.1.8, may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or by making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractcontract. The decision of the Department as to the amount of recovery under this Clause 30.1 29.1 (Payment, Funding and Audit provisions) is final. 30.1.9 29.1.10 Where the Department, in accordance with Clause 30.1.729.1.8, identifies errors it may at its discretion review the Contractor’s controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the Department will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 30.1.10 All payments by the Department will be made via BACS.occur

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorNMSS, the Department agrees to pay the Contractor NMSS the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor NMSS delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor NMSS must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor NMSS will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorNMSS, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor NMSS to address concerns about its financial viability. 30.1.5 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 Contractor NMSS and will not constitute any admission by the Department as to the performance by the Contractor NMSS of its obligations under this ContractAgreement. Prior to any such payment of Funding, the Department shall will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ContractorNMSS, arising from this Contract Agreement or any other agreement between the Contractor NMSS and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 36.3.9 this Contract Agreement on written notice if the Contractor NMSS does not recruit enrol and/or data returns reveal that no Learners Pupils have been enrolled for the funding academic year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.626.1.6, the Department will withdraw the allocation of Funding for the Funding Year academic year and will take action to recover Funds where payments have already occurred. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor NMSS is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor NMSS at the ContractorNMSS’s cost to carry out a procure an independent 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the Contractor NMSS 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 Contractor NMSS of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor NMSS under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor NMSS under the ContractAgreement, or by raising an invoice for payment by the ContractorNMSS, or by making deductions from future payments due to the Contractor NMSS under the ContractAgreement. Failure to settle such amounts by the Contractor NMSS will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this ContractAgreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the NMSS’s controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorNMSS's cost (or the Department will procure and recharge to the Contractor NMSS at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of this Agreement. 30.1.10 26.1.10 The Department may implement a reduction in Funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the NMSS has been overpaid as a result, the Department will notify the NMSS in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the NMSS wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the NMSS must put them in writing within 5 Working Days of the date the notification received from the Department. The NMSS may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the NMSS should have been allocated. 26.1.13 The Department will consider any representations made by the NMSS in accordance with Clause 26.1.12 and issue the NMSS with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the NMSS is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 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 of this Contract on condition that the Contractor delivers the Services in accordance with the terms and conditions of this Contract. 30.1.2 The Contractor must use the Funding solely for the purpose of delivering the Services as set out in this Contract. 30.1.3 The Contractor will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 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. 30.1.5 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. 30.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred.Clause 30.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor is required to provide under the Contract to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor at the Contractor’s cost to carry out a procure an independent 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the Contractor 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 Contractor of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor under this Contract. 30.1.8 Without prejudice to any other provisions in this Contract, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.7, may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or by making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractcontract. The decision of the Department as to the amount of recovery under this Clause 30.1 (Payment, Funding and Audit provisions) is final. 30.1.9 Where the Department, in accordance with Clause 30.1.7, identifies errors it may at its discretion review the Contractor’s controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the Department will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of contract. 30.1.10 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viability. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. 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 ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred.Clause 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor Provider 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 Contractor Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Provider under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 34 (Minor and Serious Breach) of this ContractAgreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viabilityviability or to ensure that the Provider complies with requests made by the Department under the Accountability Framework. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. Prior to any such payment of Funding, the Department shall will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 35.3.9 this Contract Agreement on written notice if the Contractor Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.6, 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. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor Provider 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 Contractor Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Provider under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viabilityviability or to ensure that the Provider complies with requests made by the Department under the Apprenticeship Accountability Framework. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. 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 ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 35.3.8 this Contract Agreement on written notice if the Contractor Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year Funding Year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.626.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor Provider 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 Contractor Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Provider under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viability. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. 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 ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 35.3.8 this Contract Agreement on written notice if the Contractor Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year Funding Year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.626.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor Provider 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 Contractor Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Provider under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viabilityviability or to ensure that the Provider complies with requests made by the Department under the Accountability Framework. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. 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 ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 35.3.8 this Contract Agreement on written notice if the Contractor Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year Funding Year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.626.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor Provider 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 Contractor Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Provider under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 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. 30.1.2 The Contractor must use the Funding solely for the purpose of delivering the Services as set out in this Contract. 30.1.3 The Contractor will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 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. 30.1.5 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. 30.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred.Clause 30.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor is required to provide under the Contract to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor at the Contractor’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 Contractor 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 Contractor of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor under this Contract. 30.1.8 Without prejudice to any other provisions in this Contract, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.7, may be recovered by making adjustments to data submitted by the Contractor under the Contract, or by raising an invoice for payment by the Contractor, or by making deductions from future payments due to the Contractor under the Contract. Failure to settle such amounts by the Contractor will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractcontract. The decision of the Department as to the amount of recovery under this Clause 30.1 (Payment, Funding and Audit provisions) is final. 30.1.9 Where the Department, in accordance with Clause 30.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the Contractor's cost (or the Department will procure and recharge to the Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of contract. 30.1.10 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viabilityviability or to ensure that the Provider complies with requests made by the Department under the Apprenticeship Accountability Framework. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. Prior to any such payment of Funding, the Department shall will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 35.3.9 this Contract Agreement on written notice if the Contractor Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.6, 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. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or and/or to require the Contractor Provider 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 Contractor Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Provider under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorEmployer, the Department agrees to pay the Contractor Employer the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Employer delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Employer must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Employer will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorEmployer, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Employer to address concerns about its financial viabilityviability or to ensure that the Employer complies with requests made by the Department under the Apprenticeship Accountability Framework. 30.1.5 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 Contractor Employer and will not constitute any admission by the Department as to the performance by the Contractor Employer of its obligations under this ContractAgreement. 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 ContractorEmployer, arising from this Contract Agreement or any other agreement between the Contractor Employer and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred.Clause 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Employer is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Employer at the ContractorEmployer’s cost to carry out a procure an independent 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the Contractor 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 Contractor Employer of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Employer under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Employer under the ContractAgreement, or by raising an invoice for payment by the ContractorEmployer, or by making deductions from future payments due to the Contractor Employer under the ContractAgreement. Failure to settle such amounts by the Contractor Employer will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the Employer’s controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorEmployer's cost (or the Department will procure and recharge to the Contractor Employer at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Employer has been overpaid as a result, the Department will notify the Employer in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Employer wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Employer must put them in writing within 5 Working Days of the date the notification received from the Department. The Employer may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Employer should have been allocated. 26.1.13 The Department will consider any representations made by the Employer in accordance with Clause 26.1.12 and issue the Employer with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Employer is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorProvider, the Department agrees to pay the Contractor Provider the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Provider delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Provider must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Provider will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Provider to address concerns about its financial viability. 30.1.5 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 Contractor Provider and will not constitute any admission by the Department as to the performance by the Contractor Provider of its obligations under this ContractAgreement. Prior to any such payment of Funding, the Department shall will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ContractorProvider, arising from this Contract Agreement or any other agreement between the Contractor Provider and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 36.3.8 of this Contract Agreement on written notice if the Contractor Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the funding academic year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.626.1.6, the Department will withdraw the allocation of Funding for the Funding Year academic year and will take action to recover Funds where payments have already occurred. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Provider is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Provider at the ContractorProvider’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 Contractor Provider 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 Contractor Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Provider under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Provider under the ContractAgreement, or by raising an invoice for payment by the ContractorProvider, or by making deductions from future payments due to the Contractor Provider under the ContractAgreement. Failure to settle such amounts by the Contractor Provider will constitute a Serious Breach under Clause 39 35 (Minor and Serious Breach) of this ContractAgreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorProvider's cost (or the Department will procure and recharge to the Contractor Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Provider has been overpaid as a result, the Department will notify the Provider in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The Provider may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Provider should have been allocated. 26.1.13 The Department will consider any representations made by the Provider in accordance with Clause 26.1.12 and issue the Provider with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorNMSS, the Department agrees to pay the Contractor NMSS the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor NMSS delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor NMSS must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor NMSS will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorNMSS, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor NMSS to address concerns about its financial viability. 30.1.5 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 Contractor NMSS and will not constitute any admission by the Department as to the performance by the Contractor NMSS of its obligations under this ContractAgreement. Prior to any such payment of Funding, the Department shall will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the ContractorNMSS, arising from this Contract Agreement or any other agreement between the Contractor NMSS and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 36.3.9 this Contract Agreement on written notice if the Contractor NMSS does not recruit enrol and/or data returns reveal that no Learners Pupils have been enrolled for the funding academic year to which this Contract Agreement relates. Where the Department terminates the Contract Agreement under this Clause 30.1.626.1.6, the Department will withdraw the allocation of Funding for the Funding Year academic year and will take action to recover Funds where payments have already occurred. 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor NMSS is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor NMSS at the ContractorNMSS’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 Contractor NMSS 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 Contractor NMSS of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor NMSS under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor NMSS under the ContractAgreement, or by raising an invoice for payment by the ContractorNMSS, or by making deductions from future payments due to the Contractor NMSS under the ContractAgreement. Failure to settle such amounts by the Contractor NMSS will constitute a Serious Breach under Clause 39 35 (Minor and Serious Breach) of this ContractAgreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorNMSS's cost (or the Department will procure and recharge to the Contractor NMSS at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 30.1.10 26.1.10 The Department may implement a reduction in Funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 45 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the NMSS has been overpaid as a result, the Department will notify the NMSS in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the NMSS wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the NMSS must put them in writing within 5 Working Days of the date the notification received from the Department. The NMSS may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the NMSS should have been allocated. 26.1.13 The Department will consider any representations made by the NMSS in accordance with Clause 26.1.12 and issue the NMSS with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the NMSS is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 30.1.1 26.1.1 In consideration of the Services to be provided by the ContractorEmployer, the Department agrees to pay the Contractor Employer the amounts set out in Schedule 2 of this Contract Agreement on condition that the Contractor Employer delivers the Services in accordance with the terms and conditions of this ContractAgreement. 30.1.2 26.1.2 The Contractor Employer must use the Funding solely for the purpose of delivering the Services as set out in this ContractAgreement. 30.1.3 26.1.3 The Contractor Employer will comply with the Funding Rules published by the Department as amended from time to time. 30.1.4 26.1.4 The Department reserves the right to impose additional Contract obligations 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 ContractorEmployer, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the Contractor Employer to address concerns about its financial viabilityviability or to ensure that the Employer complies with requests made by the Department under the Accountability Framework. 30.1.5 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 Contractor Employer and will not constitute any admission by the Department as to the performance by the Contractor Employer of its obligations under this ContractAgreement. 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 ContractorEmployer, arising from this Contract Agreement or any other agreement between the Contractor Employer and the Department. 30.1.6 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 40.4.10 this Contract on written notice if the Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the funding year to which this Contract relates. Where the Department terminates the Contract under this Clause 30.1.6, the Department will withdraw the allocation of Funding for the Funding Year and will take action to recover Funds where payments have already occurred.Clause 30.1.7 26.1.7 Where the Department identifies errors which it deems to be material in the data that the Contractor Employer is required to provide under the Contract Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the Contractor Employer at the ContractorEmployer’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 Contractor 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 Contractor Employer of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the Contractor Employer under this ContractAgreement. 30.1.8 26.1.8 Without prejudice to any other provisions in this ContractAgreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 30.1.726.1.7, may be recovered by making adjustments to data submitted by the Contractor Employer under the ContractAgreement, or by raising an invoice for payment by the ContractorEmployer, or by making deductions from future payments due to the Contractor Employer under the ContractAgreement. Failure to settle such amounts by the Contractor Employer will constitute a Serious Breach under Clause 39 (Minor and Serious Breach) breach of this Contractagreement. The decision of the Department as to the amount of recovery under this Clause 30.1 26.1 (Payment, Funding and Audit provisions) is final. 30.1.9 26.1.9 Where the Department, in accordance with Clause 30.1.726.1.7, identifies errors it may at its discretion review the controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the ContractorEmployer's cost (or the Department will procure and recharge to the Contractor Employer at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 30.1.10 26.1.10 The Department may implement a reduction in funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the Employer has been overpaid as a result, the Department will notify the Employer in writing of the amount of the overpayment, the date when the Department will seek to recover the Funding and the method of recovery such as being through an invoice or through setting off the overpayment against future payments of the Funding. 26.1.12 If the Employer wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the Employer must put them in writing within 5 Working Days of the date the notification received from the Department. The Employer may make representations to the Department where it has incurred in good faith costs or liability in excess of the amount of allocated Funding that the Department has now notified as being the correct amount of Funding that the Employer should have been allocated. 26.1.13 The Department will consider any representations made by the Employer in accordance with Clause 26.1.12 and issue the Employer with written notification of its final decision including the amount of overpayment of Funding to be repaid, the date when the Department will recover the Funding and the method of recovery. The Department will also set out the basis on which it has made its decision and shall include an amended Schedule 2 setting out the corrected Funding allocation. 26.1.14 The decision of the Department as to the amount of recovery of Funding that it is due to it from the Employer is final. 26.1.15 All payments by the Department will be made via BACS.