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

Payment, Funding and Audit provisions. 26.1.1 In consideration of the Services to be provided by the College, the Department agrees to pay the College the amounts set out in Schedule 2 of this Agreement on condition that the College delivers the Services in accordance with the terms and conditions of this Agreement. 26.1.2 The College must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. 26.1.3 The College will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the College, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College to address concerns about its financial viability. 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the College and will not constitute any admission by the Department as to the performance by the College of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the College, arising from this Agreement or any other agreement between the College and the Department. 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 35.3.9 of this Agreement on written notice if the College does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. 26.1.7 Where the Department identifies errors which it deems material in the data that the College is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College at the College’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College to repay Funding equivalent to the full amount of the Funding that has been wrongly claimed or paid. If only a sample of the Services has been audited, the Department reserves the right to calculate an error rate based on the said sample and claim repayment from the College of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College under this Agreement. 26.1.8 Without prejudice to any other provisions in this Agreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the College under the Agreement, or by raising an invoice for payment by the College, or by making deductions from future payments due to the College under the Agreement. Failure to settle such amounts by the College will constitute a Serious Breach under Clause 34 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this Clause 26.1 (Payment, Funding and Audit provisions) is final. 26.1.9 Where the Department, in accordance with Clause 26.1.7, 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 College's cost (or the Department will procure and recharge to the College at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 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 College has been overpaid as a result, the Department will notify the College 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 College wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the College must put them in writing within 5 Working Days of the date the notification received from the Department. The College 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 College should have been allocated. 26.1.13 The Department will consider any representations made by the College in accordance with Clause 26.1.12 and issue the College 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 College is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 26.1.1 In consideration of the Services to be provided by the CollegeEmployer, the Department agrees to pay the College Employer the amounts set out in Schedule 2 of this Agreement on condition that the College Employer delivers the Services in accordance with the terms and conditions of this Agreement. 26.1.2 The College Employer must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. 26.1.3 The College Employer will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the CollegeEmployer, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College Employer to address concerns about its financial viability. 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the College Employer and will not constitute any admission by the Department as to the performance by the College Employer of its obligations under this Agreement. Prior to any such payment of Funding, the Department will shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the CollegeEmployer, arising from this Agreement or any other agreement between the College Employer and the Department. 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 35.3.9 35.3.8 of this Agreement on written notice if the College Employer does not recruit and/or data returns reveal that no Learners have been enrolled for the academic funding year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. 26.1.7 Where the Department identifies errors which it deems to be material in the data that the College Employer is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College Employer at the CollegeEmployer’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College 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 College Employer of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College Employer under this Agreement. 26.1.8 Without prejudice to any other provisions in this Agreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the College Employer under the Agreement, or by raising an invoice for payment by the CollegeEmployer, or by making deductions from future payments due to the College Employer under the Agreement. Failure to settle such amounts by the College Employer will constitute a Serious Breach under Clause 34 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this Clause 26.1 (Payment, Funding and Audit provisions) is final. 26.1.9 Where the Department, in accordance with Clause 26.1.7, 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 CollegeEmployer's cost (or the Department will procure and recharge to the College Employer at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 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 College Employer has been overpaid as a result, the Department will notify the College 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 College Employer wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the College Employer must put them in writing within 5 Working Days of the date the notification received from the Department. The College 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 College Employer should have been allocated. 26.1.13 The Department will consider any representations made by the College Employer in accordance with Clause 26.1.12 and issue the College 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 College Employer is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 26.1.1 In consideration of the Services to be provided by the CollegeProvider, the Department agrees to pay the College Provider the amounts set out in Schedule 2 of this Agreement on condition that the College Provider delivers the Services in accordance with the terms and conditions of this Agreement. 26.1.2 The College Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. 26.1.3 The College Provider will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the CollegeProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College Provider to address concerns about its financial viability. 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the College Provider and will not constitute any admission by the Department as to the performance by the College Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the CollegeProvider, arising from this Agreement or any other agreement between the College Provider and the Department. 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 35.3.9 of 35.3.8 this Agreement on written notice if the College Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year Funding Year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. 26.1.7 Where the Department identifies errors which it deems to be material in the data that the College Provider is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College Provider at the CollegeProvider’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 College 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 College Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College Provider under this Agreement. 26.1.8 Without prejudice to any other provisions in this Agreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the College Provider under the Agreement, or by raising an invoice for payment by the CollegeProvider, or by making deductions from future payments due to the College Provider under the Agreement. Failure to settle such amounts by the College Provider will constitute a Serious Breach under Clause 34 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this Clause 26.1 (Payment, Funding and Audit provisions) is final. 26.1.9 Where the Department, in accordance with Clause 26.1.7, 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 CollegeProvider's cost (or the Department will procure and recharge to the College Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 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 College Provider has been overpaid as a result, the Department will notify the College 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 College Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the College Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The College 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 College Provider should have been allocated. 26.1.13 The Department will consider any representations made by the College Provider in accordance with Clause 26.1.12 and issue the College 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 College Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 26.1.1 In consideration of the Services to be provided by the CollegeProvider, the Department agrees to pay the College Provider the amounts set out in Schedule 2 of this Agreement on condition that the College Provider delivers the Services in accordance with the terms and conditions of this Agreement. 26.1.2 The College Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. 26.1.3 The College Provider will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the CollegeProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College Provider to address concerns about its financial viability. 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the College Provider and will not constitute any admission by the Department as to the performance by the College Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the CollegeProvider, arising from this Agreement or any other agreement between the College Provider and the Department. 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 35.3.9 36.3.8 of this Agreement on written notice if the College Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. 26.1.7 Where the Department identifies errors which it deems material in the data that the College Provider is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College Provider at the CollegeProvider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College 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 College Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College Provider under this Agreement. 26.1.8 Without prejudice to any other provisions in this Agreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the College Provider under the Agreement, or by raising an invoice for payment by the CollegeProvider, or by making deductions from future payments due to the College Provider under the Agreement. Failure to settle such amounts by the College Provider will constitute a Serious Breach under Clause 34 (Minor and Serious Breach) breach of this Agreementagreement. The decision of the Department as to the amount of recovery under this Clause 26.1 (Payment, Funding and Audit provisions) is final. 26.1.9 Where the Department, in accordance with Clause 26.1.7, 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 CollegeProvider's cost (or the Department will procure and recharge to the College Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 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 45 (Amendments to this Agreement). 26.1.11 Where the Department identifies that the allocated Funding has been miscalculated and that the College Provider has been overpaid as a result, the Department will notify the College 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 College Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the College Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The College 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 College Provider should have been allocated. 26.1.13 The Department will consider any representations made by the College Provider in accordance with Clause 26.1.12 and issue the College 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 College Provider is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 26.1.1 In consideration of the Services to be provided by the College, the Department agrees to pay the College the amounts set out in Schedule 2 of this Agreement on condition that the College delivers the Services in accordance with the terms and conditions of this Agreement. 26.1.2 The College must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. 26.1.3 The College will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the College, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College to address concerns about its financial viabilityviability or to ensure that the College complies with requests made by the Department under the Accountability Framework. 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the College and will not constitute any admission by the Department as to the performance by the College of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the College, arising from this Agreement or any other agreement between the College and the Department. 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 35.3.9 of this Agreement on written notice if the College does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. 26.1.7 Where the Department identifies errors which it deems material in the data that the College is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College at the College’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College to repay Funding equivalent to the full amount of the Funding that has been wrongly claimed or paid. If only a sample of the Services has been audited, the Department reserves the right to calculate an error rate based on the said sample and claim repayment from the College of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College under this Agreement. 26.1.8 Without prejudice to any other provisions in this Agreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the College under the Agreement, or by raising an invoice for payment by the College, or by making deductions from future payments due to the College under the Agreement. Failure to settle such amounts by the College will constitute a Serious Breach under Clause 34 (Minor and Serious Breach) breach of this Agreementagreement. The decision of the Department as to the amount of recovery under this Clause 26.1 (Payment, Funding and Audit provisions) is final. 26.1.9 Where the Department, in accordance with Clause 26.1.7, 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 College's cost (or the Department will procure and recharge to the College at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 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 College has been overpaid as a result, the Department will notify the College 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 College wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the College must put them in writing within 5 Working Days of the date the notification received from the Department. The College 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 College should have been allocated. 26.1.13 The Department will consider any representations made by the College in accordance with Clause 26.1.12 and issue the College 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 College is final. 26.1.15 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 26.1.1 30.1.1 In consideration of the Services to be provided by the CollegeContractor, the Department agrees to pay the College Contractor the amounts set out in Schedule 2 (Payment) of this Agreement Contract on condition that the College Contractor delivers the Services in accordance with the terms and conditions of this AgreementContract. 26.1.2 30.1.2 The College Contractor must use the Funding solely for the purpose of delivering the Services as set out in this AgreementContract. 26.1.3 30.1.3 The College Contractor will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 30.1.4 The Department reserves the right to impose additional conditions of funding 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 CollegeContractor, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College Contractor to address concerns about its financial viability. 26.1.5 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 College Contractor and will not constitute any admission by the Department as to the performance by the College Contractor of its obligations under this AgreementContract. Prior to any such payment of Funding, the Department will shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the CollegeContractor, arising from this Agreement Contract or any other agreement between the College Contractor and the Department. 26.1.6 30.1.6 The Department shall be entitled to terminate, pursuant to Clause 35.3.9 40.4.10 (Termination) of this Agreement Contract, on written notice if the College Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year Funding Year to which this Agreement Contract relates. Where the Department terminates the Agreement Contract under this Clause 26.1.630.1.6, the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. 26.1.7 30.1.7 Where the Department identifies errors which it deems to be material in the data that the College Contractor is required to provide under the Agreement Contract to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College Contractor at the CollegeContractor’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College 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 College Contractor of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College Contractor under this AgreementContract. 26.1.8 30.1.8 Without prejudice to any other provisions in this AgreementContract, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 26.1.730.1.7, may be recovered by making adjustments to data submitted by the College Contractor under the AgreementContract, or by raising an invoice for payment by the CollegeContractor, or by making deductions from future payments due to the College Contractor under the AgreementContract. Failure to settle such amounts by the College Contractor will constitute a Serious Breach under Clause 34 (Minor and Serious Breach) breach of this AgreementContract. The decision of the Department as to the amount of recovery under this Clause 26.1 30.1 (Payment, Funding and Audit provisions) is final. 26.1.9 30.1.9 Where the Department, in accordance with Clause 26.1.730.1.7, 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 CollegeContractor's cost (or the Department will procure and recharge to the College Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of this Contract. 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 College has been overpaid as a result, the Department will notify the College 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 College wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the College must put them in writing within 5 Working Days of the date the notification received from the Department. The College 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 College should have been allocated. 26.1.13 The Department will consider any representations made by the College in accordance with Clause 26.1.12 and issue the College 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 College is final. 26.1.15 30.1.10 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 26.1.1 30.1.1 In consideration of the Services to be provided by the CollegeContractor, the Department agrees to pay the College Contractor the amounts set out in Schedule 2 (Payment) of this Agreement Contract on condition that the College Contractor delivers the Services in accordance with the terms and conditions of this AgreementContract. 26.1.2 30.1.2 The College Contractor must use the Funding solely for the purpose of delivering the Services as set out in this AgreementContract. 26.1.3 30.1.3 The College Contractor will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 30.1.4 The Department reserves the right to impose additional conditions of funding 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 CollegeContractor, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College Contractor to address concerns about its financial viability. 26.1.5 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 College Contractor and will not constitute any admission by the Department as to the performance by the College Contractor of its obligations under this AgreementContract. Prior to any such payment of Funding, the Department will shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the CollegeContractor, arising from this Agreement Contract or any other agreement between the College Contractor and the Department. 26.1.6 30.1.6 The Department shall be entitled to terminate, pursuant to Clause 35.3.9 40.4.10 (Termination) of this Agreement Contract, on written notice if the College Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year Funding Year to which this Agreement Contract relates. Where the Department terminates the Agreement Contract under this Clause 26.1.630.1.6, the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. 26.1.7 30.1.7 Where the Department identifies errors which it deems to be material in the data that the College Contractor is required to provide under the Agreement Contract to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College Contractor at the CollegeContractor’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College 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 College Contractor of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College Contractor under this AgreementContract. 26.1.8 30.1.8 Without prejudice to any other provisions in this AgreementContract, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 26.1.730.1.7, may be recovered by making adjustments to data submitted by the College Contractor under the AgreementContract, or by raising an invoice for payment by the CollegeContractor, or by making deductions from future payments due to the College Contractor under the AgreementContract. Failure to settle such amounts by the College Contractor will constitute a Serious Breach under Clause 34 39 (Minor and Serious Breach) of this AgreementContract. The decision of the Department as to the amount of recovery under this Clause 26.1 30.1 (Payment, Funding and Audit provisions) is final. 26.1.9 30.1.9 Where the Department, in accordance with Clause 26.1.730.1.7, 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 CollegeContractor's cost (or the Department will procure and recharge to the College Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 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 College has been overpaid as a result, the Department will notify the College 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 College wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the College must put them in writing within 5 Working Days of the date the notification received from the Department. The College 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 College should have been allocated. 26.1.13 The Department will consider any representations made by the College in accordance with Clause 26.1.12 and issue the College 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 College is final. 26.1.15 30.1.10 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 26.1.1 In consideration of the Services to be provided by the CollegeProvider, the Department agrees to pay the College Provider the amounts set out in Schedule 2 of this Agreement on condition that the College Provider delivers the Services in accordance with the terms and conditions of this Agreement. 26.1.2 The College Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. 26.1.3 The College Provider will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the CollegeProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College Provider to address concerns about its financial viability. 26.1.5 The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the College Provider and will not constitute any admission by the Department as to the performance by the College Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the CollegeProvider, arising from this Agreement or any other agreement between the College Provider and the Department. 26.1.6 The Department shall be entitled to terminate, pursuant to Clause 35.3.9 36.3.8 of this Agreement on written notice if the College Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. 26.1.7 Where the Department identifies errors which it deems material in the data that the College Provider is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College at the College’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College to repay Funding equivalent to the full amount of the Funding that has been wrongly claimed or paid. If only a sample of the Services has been audited, the Department reserves the right to calculate an error rate based on the said sample and claim repayment from the College of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College under this Agreement.its 26.1.8 Without prejudice to any other provisions in this Agreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the College Provider under the Agreement, or by raising an invoice for payment by the CollegeProvider, or by making deductions from future payments due to the College Provider under the Agreement. Failure to settle such amounts by the College Provider will constitute a Serious Breach under Clause 34 35 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this Clause 26.1 (Payment, Funding and Audit provisions) is final. 26.1.9 Where the Department, in accordance with Clause 26.1.7, 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 CollegeProvider's cost (or the Department will procure and recharge to the College Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 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 College has been overpaid as a result, the Department will notify the College 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 College wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the College must put them in writing within 5 Working Days of the date the notification received from the Department. The College 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 College should have been allocated. 26.1.13 The Department will consider any representations made by the College in accordance with Clause 26.1.12 and issue the College 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 College is final. 26.1.15 All payments by the Department will be made via BACS.fuQGLQJ DXGLW UHVXOWV LQ D ³TXDOLILHG´

Payment, Funding and Audit provisions. 26.1.1 30.1.1 In consideration of the Services to be provided by the CollegeContractor, the Department agrees to pay the College Contractor the amounts set out in Schedule 2 (Payment) of this Agreement Contract on condition that the College Contractor delivers the Services in accordance with the terms and conditions of this AgreementContract. 26.1.2 30.1.2 The College Contractor must use the Funding solely for the purpose of delivering the Services as set out in this AgreementContract. 26.1.3 30.1.3 The College Contractor will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 30.1.4 The Department reserves the right to impose additional conditions of funding 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 CollegeContractor, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College Contractor to address concerns about its financial viability. 26.1.5 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 College Contractor and will not constitute any admission by the Department as to the performance by the College Contractor of its obligations under this AgreementContract. Prior to any such payment of Funding, the Department will shall be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the CollegeContractor, arising from this Agreement Contract or any other agreement between the College Contractor and the Department. 26.1.6 30.1.6 The Department shall be entitled to terminate, pursuant to Clause 35.3.9 40.4.10 (Termination) of this Agreement Contract, on written notice if the College Contractor does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year Funding Year to which this Agreement Contract relates. Where the Department terminates the Agreement Contract under this Clause 26.1.630.1.6, the Department will withdraw the allocation of Funding for the academic year Funding Year and will take action to recover Funds where payments have already occurred. 26.1.7 30.1.7 Where the Department identifies errors which it deems to be material in the data that the College Contractor is required to provide under the Agreement Contract to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College Contractor at the CollegeContractor’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College 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 College Contractor of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College Contractor under this AgreementContract. 26.1.8 30.1.8 Without prejudice to any other provisions in this AgreementContract, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 26.1.730.1.7, may be recovered by making adjustments to data submitted by the College Contractor under the AgreementContract, or by raising an invoice for payment by the CollegeContractor, or by making deductions from future payments due to the College Contractor under the AgreementContract. Failure to settle such amounts by the College Contractor will constitute a Serious Breach under Clause 34 (Minor and Serious Breach) breach of this Agreementcontract. The decision of the Department as to the amount of recovery under this Clause 26.1 30.1 (Payment, Funding and Audit provisions) is final. 26.1.9 30.1.9 Where the Department, in accordance with Clause 26.1.730.1.7, 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 CollegeContractor's cost (or the Department will procure and recharge to the College Contractor at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of contract. 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 College has been overpaid as a result, the Department will notify the College 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 College wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the College must put them in writing within 5 Working Days of the date the notification received from the Department. The College 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 College should have been allocated. 26.1.13 The Department will consider any representations made by the College in accordance with Clause 26.1.12 and issue the College 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 College is final. 26.1.15 30.1.10 All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 26.1.1 In consideration of the Services to be provided by the CollegeProvider, the Department agrees to pay the College Provider the amounts set out in Schedule 2 of this Agreement on condition that the College Provider delivers the Services in accordance with the terms and conditions of this Agreement. 26.1.2 . The College Provider must use the Funding solely for the purpose of delivering the Services as set out in this Agreement. 26.1.3 . The College Provider will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 . The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the CollegeProvider, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College Provider to address concerns about its financial viability. 26.1.5 . The payment of Funding by the Department will be without prejudice to any claims or rights, which the Department may have against the College Provider and will not constitute any admission by the Department as to the performance by the College Provider of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever with or against the CollegeProvider, arising from this Agreement or any other agreement between the College Provider and the Department. 26.1.6 . The Department shall be entitled to terminate, pursuant to Clause 35.3.9 36.3.8 of this Agreement on written notice if the College Provider does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.6, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. 26.1.7 . Where the Department identifies errors which it deems material in the data that the College Provider is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College Provider at the CollegeProvider’s cost to carry out a 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College 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 College Provider of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College Provider under this Agreement. 26.1.8 . Without prejudice to any other provisions in this Agreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 26.1.7, may be recovered by making adjustments to data submitted by the College Provider under the Agreement, or by raising an invoice for payment by the CollegeProvider, or by making deductions from future payments due to the College Provider under the Agreement. Failure to settle such amounts by the College Provider will constitute a Serious Breach under Clause 34 35 (Minor and Serious Breach) of this Agreement. The decision of the Department as to the amount of recovery under this Clause 26.1 (Payment, Funding and Audit provisions) is final. 26.1.9 . Where the Department, in accordance with Clause 26.1.7, 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 CollegeProvider's cost (or the Department will procure and recharge to the College Provider at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breach. 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 45 (Amendments to this Agreement). 26.1.11 . Where the Department identifies that the allocated Funding has been miscalculated and that the College Provider has been overpaid as a result, the Department will notify the College 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 College Provider wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, the College Provider must put them in writing within 5 Working Days of the date the notification received from the Department. The College 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 College Provider should have been allocated. 26.1.13 . The Department will consider any representations made by the College Provider in accordance with Clause 26.1.12 and issue the College 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 College Provider is final. 26.1.15 . All payments by the Department will be made via BACS.

Payment, Funding and Audit provisions. 26.1.1 In consideration 4.1.1 Subject to the Terms and Conditions of the Services to be provided by the Collegethis Agreement, the Department agrees to pay the College the amounts of Funding set out in Schedule 2 of this Agreement on condition that the College delivers the Services in accordance with the terms and conditions 3 (Payment) of this Agreement. 26.1.2 4.1.2 The College must use the Funding solely for the purpose of delivering the Services as set out in this AgreementServices. 26.1.3 The College will comply with the Funding Rules published by the Department as amended from time to time. 26.1.4 The Department reserves the right to impose additional conditions of funding where it considers it is necessary to do so to secure the delivery of education and training of a reasonable quality by the College, or to ensure that the resources provided by the Department are being used effectively and efficiently or to require the College to address concerns about its financial viability. 26.1.5 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 College and will not constitute any admission by the Department as to the performance by the College of its obligations under this Agreement. Prior to any such payment of Funding, the Department will be entitled to make deductions or deferments in respect of any disputes or claims whatsoever the amounts of which have been determined or agreed, with or against the College, arising from this Agreement or any other agreement between the College and the Department. 26.1.6 4.1.4 The Department shall be entitled to terminate, pursuant to Clause 35.3.9 32.3.9 of this Agreement on written notice if the College does not recruit and/or data returns reveal that no Learners have been enrolled for the academic year to which this Agreement relates. Where the Department terminates the Agreement under this Clause 26.1.64.1.4, the Department will withdraw the allocation of Funding for the academic year and will take action to recover Funds where payments have already occurred. 26.1.7 4.1.5 Where the Department identifies errors which it deems material in the data that the College is required to provide under the Agreement to support the payment of Funding, the Department reserves the right at its absolute discretion to require the College at the College’s cost to carry out a procure an independent 100% audit of all or part of the Services by a deadline specified by the Department and / or to require the College to repay Funding equivalent to the full amount of the Funding that has been wrongly claimed or paid. If only a sample of the Services has been audited, the Department reserves the right to calculate an error rate based on the said sample and claim repayment from the College of an extrapolated amount based on the error rate identified and the total value of the Funding paid to the College under this Agreement. 26.1.8 4.1.6 Without prejudice to any other provisions in this Agreement, at the Department’s discretion, such amounts as are identified as being recoverable under Clause 26.1.74.1.5, may be recovered by making adjustments to data submitted by the College under the Agreement, or by raising an invoice for payment by the College, or by making deductions from future payments due to the College under the Agreement. Failure to settle such amounts by the College will constitute a Serious Breach under Clause 34 (Minor and Serious Breach) breach of this Agreementagreement. The decision of the Department as to the amount of recovery under this Clause 26.1 4 (Payment, Funding and Audit provisions) is final. 26.1.9 4.1.7 Where the Department, in accordance with Clause 26.1.74.1.5, identifies errors it may at its discretion review the College’s controls and processes to gain assurance the errors will not occur again. Where further assurance work is required this will be at the College's cost (or the Department will procure and recharge to the College at its sole discretion). Where a full funding audit results in a “qualified” rating this will constitute a Minor Breachbreach of agreement. 26.1.10 4.1.8 The Department may implement a reduction in funding Funding as set out in the Funding Rules through a notification and not a variation pursuant to Clause 44 41 (Amendments to this Agreement). 26.1.11 4.1.9 Where the Department identifies that the allocated Funding has been miscalculated and that the College has been overpaid as a result, the Department will notify the College 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.been 26.1.12 4.1.10 If the College wants to make representations in relation to the notification it received in accordance with Clause 26.1.11, 4.1.9 the College must put them in writing within 5 Working Days of the date the notification is received from the Department. The College 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 College should have been allocated. 26.1.13 4.1.11 The Department will consider any representations made by the College in accordance with Clause 26.1.12 4.1.10 and issue the College 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 3 (Payment) setting out the corrected Funding allocation. 26.1.14 4.1.12 The decision of the Department as to the amount of recovery of Funding that it is due to it from the College is final. 26.1.15 4.1.13 All payments by the Department will be made via BACS.