Common use of Payment of the Funds Clause in Contracts

Payment of the Funds. Subject to Parliamentary appropriation and to the provisions of this Agreement, the Department agrees to pay to the Recipient the Funds in accordance with the Milestone Schedule. Notwithstanding any other clause of this Agreement the Department may defer, reduce or not make a payment of Funds if at any time: the Recipient has not achieved a Milestone to the Department’s satisfaction, that was due to be completed before the date of payment, until that Milestone is completed to the Department’s satisfaction; the Recipient has not performed the Project to the satisfaction of the Department and in accordance with the terms of this Agreement, until the Recipient remedies its non-performance; the Recipient has any overdue reports or acquittals, under any contractual or statutory arrangement for funding with the Department or any other Australian Government agency; the Department has insufficient Programme funding available at the time the payment is due to the Recipient; there is an Insolvency Event; the Department has become entitled to terminate this Agreement under clause 19.1; the Department forms the opinion, on reasonable grounds, having regard to the Project Budget (if any) and information provided in the reports, that the full payment is not properly required by the Recipient to carry out the Project or because of Project surpluses or underspends; or the Recipient has not complied with any provision of this Agreement which provides that the Recipient will not be entitled to spend or receive any Funds until that obligation has been complied with. Notwithstanding any other clause of this Agreement, if the Recipient has received any Funds, the Recipient is not entitled to spend those Funds if the Department has notified the Recipient that one or more of the circumstances specified in clauses 6.1(b)(i) to 6.1(b)(viii) (inclusive) applies, unless the Department agrees in writing otherwise. Use of the Funds Funds provided under this Agreement: must only be used for the purposes of carrying out the Project and performing this Agreement; must not be used to cover the cost of any activities completed prior to the execution of this Agreement; must not, unless agreed by the Department in writing, be used to cover the cost of any activities commenced but not yet completed prior to the execution of this Agreement; are not to be applied towards administrative and other general costs of the Recipient unless any such costs are approved in writing by the Department or expressly included in the Project Budget; must not, unless the prior written approval of the Department has been obtained, be used in a manner which is inconsistent with the Project Budget; subject to clause 6.2(g), must not be used as any form of security for the purpose of obtaining or complying with any form of loan, credit, payment or other interest, or for the preparation of, or in the course of any litigation. This clause 6.2(f) does not prevent the Recipient: providing a copy of this Agreement to a prospective financier; or indicating to prospective financiers that the Department has agreed to provide the Funds for the purposes of the Project; and may form part of an existing security held over the Recipient's assets provided a priority agreement is entered into between the Department, the Recipient and the Recipient's financier or holder of the existing security. The priority agreement must be on terms acceptable to the Department and must not allow the financier or holder of the existing security priority to the Funds. Amount of Funds capped The amount of Funds to be contributed by the Department in relation to the Project will not exceed the maximum amount of Funds specified in Part A.

Payment of the Funds. Subject to Parliamentary appropriation and to the provisions of this Agreement, the Department agrees to pay to the Recipient the Funds in accordance with the Milestone Schedule. Notwithstanding any other clause of this Agreement the Department may defer, reduce or not make a payment of Funds if at any time: the Recipient has not achieved a Milestone to the Department’s satisfaction, that was due to be completed before the date of payment, until that Milestone is completed to the Department’s satisfaction; the Recipient has not performed the Project to the satisfaction of the Department and in accordance with the terms of this Agreement, until the Recipient remedies its non-performance; the Recipient has any overdue reports or acquittals, under any contractual or statutory arrangement for funding with the Department or any other Australian Government agency; the Department is of the reasonable opinion that the Recipient and / or its Personnel is not properly managing the Funds; the Department has insufficient Programme funding available at the time the payment is due to the Recipient; there is an Insolvency Event; the Department has become entitled to terminate this Agreement under clause 19.1; the Department forms the opinion, on reasonable grounds, having regard to the Project Budget (if any) and information provided in the reports, that the full payment is not properly required by the Recipient to carry out the Project or because of Project surpluses or underspends; or the Recipient has not complied with any provision of this Agreement which provides that the Recipient will not be entitled to spend or receive any Funds until that obligation has been complied with. Notwithstanding any other clause of this Agreement, if the Recipient has received any Funds, the Recipient is not entitled to spend those Funds if the Department has notified the Recipient that one or more of the circumstances specified in clauses 6.1(b)(i) to 6.1(b)(viii) (inclusive) applies, unless the Department agrees in writing otherwise. Use of the Funds Funds provided under this Agreement: must only be used for the purposes of carrying out the Project and performing this Agreement; must not be used to cover the cost of any activities completed prior to the execution of this Agreement; must not, unless agreed by the Department in writing, be used to cover the cost of any activities commenced but not yet completed prior to the execution of this Agreement; are not to be applied towards administrative and other general costs of the Recipient unless any such costs are approved in writing by the Department or expressly included in the Project Budget; must not, unless the prior written approval of the Department has been obtained, be used in a manner which is inconsistent with the Project Budget; subject to clause 6.2(g), must not be used as any form of security for the purpose of obtaining or complying with any form of loan, credit, payment or other interest, or for the preparation of, or in the course of any litigation. This clause 6.2(f) does not prevent the Recipient: providing a copy of this Agreement to a prospective financier; or indicating to prospective financiers that the Department has agreed to provide the Funds for the purposes of the Project; and may form part of an existing security held over the Recipient's assets provided a priority agreement is entered into between the Department, the Recipient and the Recipient's financier or holder of the existing security. The priority agreement must be on terms acceptable to the Department and must not allow the financier or holder of the existing security priority to the Funds. Amount of Funds capped The amount of Funds to be contributed by the Department in relation to the Project will not exceed the maximum amount of Funds specified in Part A..

Payment of the Funds. Subject to Parliamentary appropriation and to the provisions of this Agreement, the Department agrees to pay to the Recipient Participant the amount of the Funds specified in Item 6.1 of Schedule 1 in accordance with Item 6.2 of Schedule 1, once the Milestone ScheduleParticipant has: provided to the Department's satisfaction: all deliverables set out in the Milestones Schedule for the relevant Milestone; and the Reports required by clause 15; certified to the Department in the form of the Payment Certificate set out at Schedule 3 that: all work the Participant paid for using the Funds was properly required for the Project; the amounts of each payment made using the Funds represent the reasonable value of the work carried out or to be carried out (the value of work to be considered in light of the relevant industry); no Conflicts arose in making payments for work using the Funds that the Participant did not, or has not, declared to the Department; and no Conflicts arose in entering into any arrangements with Contractors (as such term is defined in clause 5.1(a)). Notwithstanding Despite any other clause provision of this Agreement Agreement: the Department may may, at its discretion, defer, reduce or not make a payment of Funds Funds; the Participant is not entitled to receive, and the Department is not obliged to pay, any amount under this Agreement; and if the Participant has received any Funds, the Participant is not entitled to spend those Funds, if at any time: the Recipient has not achieved a Milestone to the Department’s satisfaction, that was due to be completed before the date of payment, until that Milestone is completed to the Department’s satisfaction; the Recipient has not performed the Project to the satisfaction of the Department and in accordance with the terms of this Agreement, until the Recipient remedies its non-performance; the Recipient has any overdue reports or acquittals, under any contractual or statutory arrangement for funding with the Department or any other Australian Government agency; the Department has insufficient Programme Program funding available at the time the payment is due to the Recipient; there is an Insolvency EventParticipant; the Department has become entitled to terminate this Agreement under clause 19.123.1; the Department forms the opinion, on reasonable grounds, having regard to the Project Budget (if any) and information provided in the reports, opinion that the full payment is not properly required by the Recipient Participant to carry out the Project or because of Project surpluses or underspends; before the commencement of the Works, the Participant has not complied, to the reasonable satisfaction of the Department, with its obligations to: provide security as required by clause 9; or take out the insurances required by clause 22.2; or the Recipient Participant has not complied with any provision of this Agreement which provides that the Recipient Participant will not be entitled to spend or receive any Funds until that obligation has been complied with. Notwithstanding any other Participant to submit invoices This clause of this Agreement, if the Recipient has received any Funds, the Recipient is not entitled to spend those Funds if 12.2 only applies where the Department has notified notifies the Recipient Participant that one or more it is unable to issue a recipient created tax invoice in accordance with clause 34.5. The Participant must submit invoices for payment of the circumstances specified in clauses 6.1(b)(i) to 6.1(b)(viii) (inclusive) applies, unless the Department agrees in writing otherwise. Use of the Funds Funds provided under this Agreement: must only be used for the purposes of carrying out the Project and performing this Agreement; must not be used to cover the cost of any activities completed prior to the execution of this Agreement; must not, unless agreed by the Department in writing, be used to cover the cost of any activities commenced but not yet completed prior to the execution of this Agreement; are not to be applied towards administrative and other general costs of the Recipient unless any such costs are approved in writing by the Department or expressly included in the Project Budget; must not, unless the prior written approval of the Department has been obtained, be used in a manner which is inconsistent with the Project Budget; subject to clause 6.2(g), must not be used as any form of security for the purpose of obtaining or complying with any form of loan, credit, payment or other interest, or for the preparation of, or in the course of any litigation. This clause 6.2(f) does not prevent the Recipient: providing a copy of this Agreement to a prospective financier; or indicating to prospective financiers that the Department has agreed to provide the Funds for the purposes Project in the manner specified in Item 6.3 of the Project; and may form part of an existing security held over the Recipient's assets provided a priority agreement is entered into between the Department, the Recipient and the Recipient's financier or holder of the existing securitySchedule 1. The priority agreement must be on terms acceptable to the Department and must not allow the financier or holder of the existing security priority to the Funds. Amount of Funds capped The amount of the invoices will not exceed the amount of Funds to be contributed properly required by the Department Participant for its use in relation to the Project will not exceed performance of this Agreement up to the maximum amount date of Funds specified in Part A.the next invoice.

Payment of the Funds. Subject to Parliamentary appropriation and to the provisions of this Agreement, the Department agrees to pay to the Recipient the Funds in accordance with the Milestone Schedule. Notwithstanding any other clause of this Agreement the Department may defer, reduce or not make a payment of Funds if at any time: the Recipient has not achieved a Milestone to the Department’s satisfaction, that was due to be completed before the date of payment, until that Milestone is completed to the Department’s satisfaction; the Recipient has not performed the Project Activity to the satisfaction of the Department and in accordance with the terms of this Agreement, until the Recipient remedies its non-performance; the Recipient has any overdue reports or acquittals, under any contractual or statutory arrangement for funding with the Department or any other Australian Government agency; the Department has insufficient Programme Program funding available at the time the payment is due to the Recipient; there is an Insolvency Event; the Department has become entitled to terminate this Agreement under clause 19.1; the Department forms the opinion, on reasonable grounds, having regard to the Project an Activity Budget (if any) and information provided in the reportsReports, that the full payment is not properly required by the Recipient to carry out the Project Activity or because of Project Activity surpluses or underspends; or the Recipient has not complied with any provision of this Agreement which provides that the Recipient will not be entitled to spend or receive any Funds until that obligation provision has been complied with; or the Recipient has notified the Department of (or if the Department identifies) non-compliance by a Research Organisation with any terms or obligations in any agreement between the Recipient and the Research Organisation. Notwithstanding any other clause of this Agreement, if the Recipient has received any Funds, the Recipient is not entitled to spend those Funds if the Department has notified the Recipient that one or more of the circumstances specified in clauses 6.1(b)(i5.1(b)(i) to 6.1(b)(viii5.1(b)(vii) (inclusive) applies, unless the Department agrees in writing otherwise. Use of the Funds Funds provided under this Agreement: must only be used for the purposes of carrying out the Project Activity and performing obligations under this Agreement; must not be used to cover the cost of any activities completed prior to the execution of this AgreementCommencement Date; must not, unless agreed by the Department in writing, be used to cover the cost of any activities commenced but not yet completed prior to the execution of this AgreementCommencement Date; are not to be applied towards administrative and other general costs of the Recipient unless any such costs are approved in writing by the Department or expressly included in an Activity Budget in the Project Budgetrelevant main expenditure category; must not, unless the prior written approval of the Department has been obtained, be used in a manner which is inconsistent with the Project an Activity Budget; subject to clause 6.2(g5.2(g), must not be used as any form of security for the purpose of obtaining or complying with any form of loan, credit, payment or other interest, or for the preparation of, or in the course of any litigation. This clause 6.2(f5.2(f) does not prevent the Recipient: providing a copy of this Agreement to a prospective financier; or indicating to prospective financiers that the Department has agreed to provide the Funds for the purposes of the ProjectActivity; and may form part of an existing security held over the Recipient's assets provided a priority agreement is entered into between the Department, the Recipient and the Recipient's financier or holder of the existing security. The priority agreement must be on terms acceptable to the Department and must not allow the financier or holder of the existing security priority to the Funds. Amount of Funds capped The amount of Funds to be contributed by the Department in relation to the Project will not exceed the maximum amount of Funds specified in Part A..