Payment preconditions. The Ministry is not required to make any payments under this Agreement until the following conditions have been satisfied (in the Ministry’s sole discretion): (a) in relation to each Instalment (except the First Instalment), the Recipient has provided the Ministry with copies of the GST invoices for all payments over $1,000 paid by the Recipient to third parties using the previous Instalment; (b) the Recipient has provided a valid GST invoice for the Instalment; (c) the Recipient provides a certificate (or similar) signed by the relevant construction contractor which: (i) certifies the progress of the Project; (ii) certifies the costs incurred by the Recipient; (iii) certifies the Project is on track to be completed by the Completion Date; (iv) notifies the Ministry of any variations to the relevant construction contract; and (v) provides the cost to complete the Project; (d) the Recipient has delivered all Monthly Reports required under clause 5 of Schedule 2 to the Ministry’s satisfaction; (e) the Recipient is not in breach of any provision of this Agreement; and (f) the Ministry is satisfied in its sole discretion that: (i) the Project is progressing as approved; and (ii) the Funding has been applied in accordance with clause 4 of this Schedule, including pursuant to any discussions with the Recipient.
Appears in 1 contract
Samples: Funding Agreement
Payment preconditions. The Ministry is not required to make any payments under this Agreement until the following conditions have been satisfied (in the Ministry’s sole discretion):
(a) in relation to each Instalment (except the First Instalment), the Recipient has provided the Ministry with copies of the GST invoices for all payments over $1,000 paid by the Recipient to third parties using the previous Instalment;
(b) the Recipient has provided a valid GST invoice for the Instalment;
(c) in relation to each Instalment (except the First Instalment), the Recipient provides a certificate (or similar) signed by the relevant construction contractor or project manager which:
(i) certifies the progress of the Project;
(ii) certifies the costs incurred by the Recipient;
(iii) certifies the Project is on track to be completed by the Completion Date;
(iv) notifies the Ministry of any variations to the relevant construction contract; and
(v) provides the cost to complete the Project;
(d) in relation to each Instalment (except the First Instalment), the Recipient has delivered all Monthly Reports required under clause 5 of 8 (Schedule 2 2) to the Ministry’s satisfaction;
(e) the Recipient is not in breach of any provision of this Agreement; and
(f) the Ministry is satisfied in its sole discretion that:
(i) the Project is progressing as approved; and
(ii) the Funding has been applied in accordance with clause 4 of this Schedule(Schedule 1), including pursuant to any discussions with the Recipient.
Appears in 1 contract
Samples: Funding Agreement
Payment preconditions. The Ministry is not required to make any payments under this Agreement until the following conditions have been satisfied (in the Ministry’s sole discretion):
(a) in relation to each Instalment (except the First Instalment), the Recipient has provided the Ministry with copies of the GST invoices for all payments over $1,000 paid by the Recipient to third parties using the previous Instalment;
(b) the Recipient has provided a valid GST invoice for the Instalment;
(c) the Recipient provides a certificate (or similar) signed by the relevant construction contractor which:
(i) certifies the progress of the Project;
(ii) certifies the costs incurred by the Recipient;
(iii) certifies the Project is on track to be completed by the Completion Date;
(iv) notifies the Ministry of any variations to the relevant construction contract; and
(v) provides the cost to complete the Project;
(d) the Recipient has delivered all Monthly Reports required under clause 5 of Schedule 2 to the Ministry’s satisfaction;
(e) the Recipient is not in breach of any provision of this Agreement; and
(f) the Ministry is satisfied in its sole discretion that:
(i) the Project is progressing as approved; and
(ii) the Funding has been applied in accordance with clause 4 of this Schedule4, including pursuant to any discussions with the Recipient.
Appears in 1 contract
Samples: Funding Agreement
Payment preconditions. The Ministry is not required to make any payments under this Agreement until the following conditions have been satisfied (in the Ministry’s sole discretion):
(a) in relation to each Instalment (except the First Instalment), the Recipient has provided the Ministry with copies of the GST invoices for all payments over $1,000 paid by the Recipient to third parties using the previous Instalment;
(b) the Recipient has provided a valid GST invoice for the Instalment;
(c) in relation to each Instalment (except the First Instalment), the Recipient provides a certificate (or similar) signed by the relevant construction contractor or project manager which:
(i) certifies the progress of the Project;
(ii) certifies the costs incurred by the Recipient;
(iii) certifies the Project is on track to be completed by the Completion Date;
(iv) notifies the Ministry of any variations to the relevant construction contract; and
(v) provides the cost to complete the Project;
(d) in relation to each Instalment (except the First Instalment), the Recipient has delivered all Monthly Reports required under clause 5 of 8 (Schedule 2 1) to the Ministry’s satisfaction;
(e) the Recipient is not in breach of any provision of this Agreement; and
(f) the Ministry is satisfied in its sole discretion that:
(i) the Project is progressing as approved; and
(ii) the Funding has been applied in accordance with clause 4 of this Schedule(Schedule 1), including pursuant to any discussions with the Recipient.
Appears in 1 contract
Samples: Funding Agreement