Common use of Payment of Funds Clause in Contracts

Payment of Funds. ‌ (a) AHPRA will pay the Accreditation Authority the Funds in quarterly instalments on the dates set out in Schedule 4, subject to:‌ (i) the Accreditation Authority providing a Tax Invoice to AHPRA in respect of those instalments; (ii) the Accreditation Authority providing AHPRA with the reports and supporting documentation set out in Schedule 6 on a six monthly basis; (iii) AHPRA, in consultation with the Board, being reasonably satisfied that the reports and supporting documentation provided by the Accreditation Authority demonstrate that the Accreditation Authority has performed the Accreditation Functions and related activities specified in the Work Plan, due to be performed by the relevant date in accordance with the Work Plan and so as to achieve the Key Performance Indicators; and (iv) AHPRA, in consultation with the Board, being reasonably satisfied that reports and supporting documentation provided by the Accreditation Authority demonstrate that the Funds paid to date have been applied only towards the performance of the Accreditation Functions, and related activities specified in the Work Plan. (b) Where there is a material failure by the Accreditation Authority to satisfy the requirements in clauses 5.2(a)(ii) – (iv), AHPRA, in consultation with the Board, may request that the Accreditation Authority take appropriate remedial action to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within a reasonable period.‌ (c) Where:‌ (i) XXXXX has requested that the Accreditation Authority take remedial action under clause 5.2(b); and (ii) the Accreditation Authority has not rectified the material failure to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within a reasonable period; and (iii) the material failure by the Accreditation Authority to satisfy the requirements in clauses 5.2(a)(ii) – (iv) is impacting on AHPRA and/or the Board performing their functions under the National Law; AHPRA, in consultation with the Board, may suspend payment of the Funds until the Accreditation Authority has rectified the material failure to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within such reasonable period as specified by XXXXX, in consultation with the Board, in writing.

Payment of Funds. ‌ (a) AHPRA will pay the Accreditation Authority the Funds in quarterly instalments on the dates set out in Schedule 4, subject to:‌ (i) the Accreditation Authority providing a Tax Invoice to AHPRA in respect of those instalments; (ii) the Accreditation Authority providing AHPRA with the reports and supporting documentation set out in Schedule 6 on a six monthly basis; (iii) AHPRA, in consultation with the Board, being reasonably satisfied that the reports and supporting documentation provided by the Accreditation Authority demonstrate that the Accreditation Authority has performed the Accreditation Functions and related activities specified in the Work Plan, due to be performed by the relevant date in accordance with the Work Plan and so as to achieve the Key Performance Indicators; and (iv) AHPRA, in consultation with the Board, being reasonably satisfied that reports and supporting documentation provided by the Accreditation Authority demonstrate that the Funds paid to date have been applied only towards the performance of the Accreditation Functions, and related activities specified in the Work Plan. (b) Where there is a material failure by the Accreditation Authority to satisfy the requirements in clauses 5.2(a)(ii) – (iv), AHPRA, in consultation with the Board, may request that the Accreditation Authority take appropriate remedial action to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within a reasonable period.‌ (c) Where:‌ (i) XXXXX AHPRA has requested that the Accreditation Authority take remedial action under clause 5.2(b); and (ii) the Accreditation Authority has not rectified the material failure to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within a reasonable period; and (iii) the material failure by the Accreditation Authority to satisfy the requirements in clauses 5.2(a)(ii) – (iv) is impacting on AHPRA and/or the Board performing their functions under the National Law; AHPRA, in consultation with the Board, may suspend payment of the Funds until the Accreditation Authority has rectified the material failure to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within such reasonable period as specified by XXXXXAHPRA, in consultation with the Board, in writing.

Payment of Funds. ‌ 24.1 The Commonwealth must pay to SRA Research and Development Payments and Commonwealth Matching Payments by a method agreed by both parties. 24.2 The Commonwealth must pay the Levy Funds amounts to SRA as soon as reasonably practicable after the Commonwealth receives the Levy Funds in cleared funds. 24.3 Any unmatched Research and Development excess will be rolled over into the following financial years in accordance with section 7(9) of the Act. 24.4 The Commonwealth must give SRA a non-binding estimate of the amount of costs incurred by the Commonwealth in relation to the collection, recovery and administration of the Levy. 24.5 SRA must provide a non-binding estimate of the amount of the Levy Funds and Commonwealth Matching Payments to be paid to SRA for the current and forward Financial Years upon request by the Commonwealth. 24.6 Subject to applicable limits under the Act, the Commonwealth must use its reasonable endeavours to pay the Commonwealth Matching Payments to SRA as soon as practicable after receiving from SRA: a) a valid claim for payment; and b) evidence satisfactory to the Commonwealth that SRA has spent the amount that forms the basis of the claim on Research and Development Activities. 24.7 For the purposes of clause 24.6(b) certificate signed by the Chief Executive Officer (or equivalent), the Chief Financial Officer or the Secretary of SRA, certifying that SRA has spent a particular amount on Research and Development, is satisfactory evidence in the absence of any evidence to the contrary. 24.8 The final Commonwealth Matching Payment claim for a Financial Year must be supported by an independent audit report which: (a) AHPRA will pay confirms the Accreditation Authority amount of total eligible R&D Expenditure claimed for the Funds Financial Year, and it reconciles to the amount of total expenditure shown in quarterly instalments on the dates set out in Schedule 4, subject to:‌audited financial statements; and (ib) provides reasonable assurance that claims for Commonwealth Matching Payments and the Accreditation Authority providing a Tax Invoice to AHPRA in respect of those instalments; (ii) the Accreditation Authority providing AHPRA with the reports declared R&D Expenditure for that Financial Year are accurate and supporting documentation set out in Schedule 6 on a six monthly basis; (iii) AHPRA, in consultation with the Board, being reasonably satisfied that the reports and supporting documentation provided by the Accreditation Authority demonstrate that the Accreditation Authority has performed the Accreditation Functions and related activities specified in the Work Plan, due to be performed by the relevant date in accordance with the Work Plan Act and so this Agreement. Note: The assurance under clause 24.8(b) can be provided as to achieve the Key Performance Indicators; and (iv) AHPRA, in consultation with the Board, being reasonably satisfied that reports and supporting documentation provided by the Accreditation Authority demonstrate that the Funds paid to date have been applied only towards the performance part of the Accreditation Functions, and related activities specified in the Work PlanCompliance Audit Report at clause 34. (b) Where there is a material failure by the Accreditation Authority to satisfy the requirements in clauses 5.2(a)(ii) – (iv), AHPRA, in consultation with the Board, may request that the Accreditation Authority take appropriate remedial action to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within a reasonable period.‌ (c) Where:‌ (i) XXXXX has requested that the Accreditation Authority take remedial action under clause 5.2(b); and (ii) the Accreditation Authority has not rectified the material failure to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within a reasonable period; and (iii) the material failure by the Accreditation Authority to satisfy the requirements in clauses 5.2(a)(ii) – (iv) is impacting on AHPRA and/or the Board performing their functions under the National Law; AHPRA, in consultation with the Board, may suspend payment of the Funds until the Accreditation Authority has rectified the material failure to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within such reasonable period as specified by XXXXX, in consultation with the Board, in writing.

Payment of Funds. ‌ (a) AHPRA will pay Subject to the Accreditation Authority the Funds in quarterly instalments on the dates set out in Schedule 4terms and conditions of this Agreement, subject to:‌NOHFC shall: (i) provide Funds to reimburse the Accreditation Authority providing a Tax Invoice Recipient for Eligible Project Costs in an amount that is equal to AHPRA in respect the Project Percentage of those instalments; (ii) Eligible Project Costs, up to the Accreditation Authority providing AHPRA with the reports and supporting documentation set out in Schedule 6 on a six monthly basis; (iii) AHPRA, in consultation with the Board, being reasonably satisfied that the reports and supporting documentation provided by the Accreditation Authority demonstrate that the Accreditation Authority has performed the Accreditation Functions and related activities specified in the Work Plan, due to be performed by the relevant date in accordance with the Work Plan and so as to achieve the Key Performance Indicators; and (iv) AHPRA, in consultation with the Board, being reasonably satisfied that reports and supporting documentation provided by the Accreditation Authority demonstrate that the Funds paid to date have been applied only towards the performance aggregate limit of the Accreditation Functions, and related activities specified in the Work Plan. (b) Where there is a material failure by the Accreditation Authority to satisfy the requirements in clauses 5.2(a)(ii) – (iv), AHPRA, in consultation with the Board, may request that the Accreditation Authority take appropriate remedial action to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within a reasonable period.‌ (c) Where:‌ (i) XXXXX has requested that the Accreditation Authority take remedial action under clause 5.2(b)Maximum Funds; and (ii) provide such Funds by issuing a cheque in the Accreditation Authority Recipient’s name or depositing the Funds electronically into an account designated by the Recipient in writing, provided that the account resides at a Canadian financial institution and is in the name of the Recipient. (b) NOHFC shall have no obligation to provide any disbursement of Funds to the Recipient until the Recipient has not rectified submitted the material failure following (in form and substance satisfactory to satisfy NOHFC): (i) a completed Request for Funds; (ii) copies of all invoices and/or such other documentation satisfactory to NOHFC evidencing costs incurred relating to the requirements of clauses 5.2(a)(ii) – (iv) within a reasonable periodEligible Project Costs claimed in the submitted Request for Funds; and (iii) the material failure copies of cancelled cheques and/or such other documentation satisfactory to NOHFC evidencing payment by the Accreditation Authority to satisfy the requirements in clauses 5.2(a)(ii) – (iv) is impacting on AHPRA and/or the Board performing their functions under the National Law; AHPRA, in consultation with the Board, may suspend payment Recipient of the Eligible Project Costs claimed in the submitted Request for Funds. (c) NOHFC may provide Funds to the Recipient in advance of the Recipient incurring Eligible Project Costs. If NOHFC provides Funds to the Recipient in advance pursuant to this Section 4.1(c), the Recipient shall spend such Funds solely on Eligible Project Costs, and NOHFC shall not make any further disbursement of Funds until the Accreditation Authority Recipient has rectified (in addition to satisfying all other necessary requirements under this Agreement) submitted evidence satisfactory to NOHFC that the material failure Funds so provided pursuant to satisfy this Section 4.1(c) have been spent solely on Eligible Project Costs. (d) If the requirements total Eligible Project Costs are less than the estimated Eligible Project Costs set out in the Project Costs Chart, NOHFC may vary the Project Percentage to permit an aggregate disbursement of clauses 5.2(a)(iiFunds of up to the maximum set forth in clause (b) – (iv) within such reasonable period as specified by XXXXX, in consultation with of the Board, in writingdefinition of Maximum Funds.

Payment of Funds. ‌ (a) AHPRA will pay the Accreditation Authority the Funds in quarterly instalments on the dates set out in Schedule 4, subject to:‌to: (i) the Accreditation Authority providing a Tax Invoice to AHPRA in respect of those instalments; (ii) the Accreditation Authority providing AHPRA with the reports and supporting documentation set out in Schedule 6 on a six monthly basis; (iii) AHPRA, in consultation with the Board, being reasonably satisfied that the reports and supporting documentation provided by the Accreditation Authority demonstrate that the Accreditation Authority has performed the Accreditation Functions and related activities specified in the Work Plan, due to be performed by the relevant date in accordance with the Work Plan and so as to achieve the Key Performance Indicators; and (iv) AHPRA, in consultation with the Board, being reasonably satisfied that reports and supporting documentation provided by the Accreditation Authority demonstrate that the Funds paid to date have been applied only towards the performance of the Accreditation Functions, and related activities specified in the Work Plan. (b) Where there is a material failure by the Accreditation Authority to satisfy the requirements in clauses 5.2(a)(ii) – (iv), AHPRA, in consultation with the Board, may request that the Accreditation Authority take appropriate remedial action to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within a reasonable period.‌period. (c) Where:‌Where: (i) XXXXX AHPRA has requested that the Accreditation Authority take remedial action under clause 5.2(b); and (ii) the Accreditation Authority has not rectified the material failure to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within a reasonable period; and (iii) the material failure by the Accreditation Authority to satisfy the requirements in clauses 5.2(a)(ii) – (iv) is impacting on AHPRA and/or the Board performing their functions under the National Law; AHPRA, in consultation with the Board, may suspend payment of the Funds until the Accreditation Authority has rectified the material failure to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within such reasonable period as specified by XXXXXAHPRA, in consultation with the Board, in writing.

Payment of Funds. ‌5.1 The Recipient must satisfy the following criteria as a condition precedent to payment of ARENA Funding: (a) AHPRA will pay provision of any report or plan due to be provided before the Accreditation Authority date for payment in accordance with item 3.1 of Schedule 1 and ARENA’s acceptance of that report or plan; (b) provision of all Knowledge Sharing Deliverables due to be provided before the Funds date for payment, and ARENA’s acceptance of those deliverables; (c) achievement of any Milestone due to be achieved (including provision of any Milestone deliverables due to be provided) and provision of a Milestone Report to ARENA and ARENA’s acceptance of that report; (d) in quarterly instalments on respect of the dates final payment due under this Agreement, submission of the Final Report to ARENA, and ARENA’s acceptance of that report; (e) written notification has been received from ARENA that the relevant Milestone has been approved; (f) Upon written notification from ARENA that the relevant Milestone has been approved, submission of an invoice which complies with the requirements set out in Schedule 4clause 5.4, (g) provision of a statement of income and expenditure for the ARENA Funding, certified by an authorised officer of the Recipient. 5.2 In submitting an invoice for payment in accordance with this clause Error! Reference source not found., the Recipient represents and warrants that: (a) no Material Breach of this Agreement is continuing or would result from the payment; (b) the Recipient has complied with all of its obligations in connection with the Knowledge Sharing Plan; (c) the Recipient is able, and has sufficient funds, to complete the Activity by the Activity Completion Date in accordance with the Funding Agreement; (d) the representations set out in clause 13 of the Funding Agreement are true and correct in all material respects as at the date of submission of the relevant invoice; (e) subject to:‌to any waiver by ARENA (in its absolute discretion), the Recipient does not have unspent ARENA Funding in its bank account in excess of the amount specified in item 13 of the Activity Details; and (f) [insert any other conditions to payment of ARENA Funding] 5.3 Subject to this Agreement, if the Recipient has satisfied the criteria for payment specified in clause 5.1, ARENA must make payment within 30 days after receiving a valid Funds Payment Request, into the account nominated by the Recipient. 5.4 An invoice must, in order to be correctly rendered: (a) meet the requirements of a tax invoice as set out in the GST Law; (b) be in a form approved by ARENA; and (c) set out: (i) the Accreditation Authority providing a Tax Invoice to AHPRA in respect of those instalments; (ii) the Accreditation Authority providing AHPRA with the reports agreement number and supporting documentation set out in Schedule 6 on a six monthly basis; (iii) AHPRA, in consultation with the Board, being reasonably satisfied that the reports and supporting documentation provided by the Accreditation Authority demonstrate that the Accreditation Authority has performed the Accreditation Functions and related activities specified in the Work Plan, due to be performed by the relevant date in accordance with the Work Plan and so as to achieve the Key Performance Indicators; and (iv) AHPRA, in consultation with the Board, being reasonably satisfied that reports and supporting documentation provided by the Accreditation Authority demonstrate that the Funds paid to date have been applied only towards the performance of the Accreditation Functions, and related activities specified in the Work Plan. (b) Where there is a material failure by the Accreditation Authority to satisfy the requirements in clauses 5.2(a)(ii) – (iv), AHPRA, in consultation with the Board, may request that the Accreditation Authority take appropriate remedial action to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within a reasonable period.‌ (c) Where:‌ (i) XXXXX has requested that the Accreditation Authority take remedial action under clause 5.2(b)Activity title; and (ii) the Accreditation Authority has not rectified amount of funding to be paid by ARENA together with the material failure supporting documentation and other evidence specified in this clause 5. 5.5 The Recipient must: (a) submit invoices to satisfy the requirements address listed in item 22 of clauses 5.2(a)(ii) – (iv) within a reasonable periodthe Activity Details; and (iiib) the material failure cooperate with any request by the Accreditation Authority ARENA with respect to satisfy the requirements in clauses 5.2(a)(ii) – (iv) invoicing and payment where ARENA advises that it is impacting on AHPRA and/or the Board performing their functions under the National Law; AHPRA, in consultation with the Board, may suspend moving to a different payment of the Funds until the Accreditation Authority has rectified the material failure to satisfy the requirements of clauses 5.2(a)(ii) – (iv) within such reasonable period as specified by XXXXX, in consultation with the Board, in writingsystem.