Common use of Procurement and State Aid Clause in Contracts

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: a) using a fair and transparent documented decision making process taking account of public sector accountability and probity; b) in accordance with all relevant law including the Public Contracts Regulations 2015 and GLA Contracts and Funding Code and in any event, where the Recipient is a London Borough Council, in accordance with its relevant contracting and/or procurement procedures and rules, which for the avoidance of doubt the Recipient hereby warrants are compliant with the aforementioned regulations and related best practice; and c) in accordance with government best practice relating to procurement practices and procedures. 8.2 In accepting and disbursing the GLA Funding the Recipient shall comply with all applicable European Union rules on State Aid and shall ensure that all requirements for any application of the Block Exemptions or notification and approval by the European Commission under such rules are met. 8.3 Unless otherwise notified by the Authority when utilising the GLA Funding to fund Relevant Aid to a Relevant Enterprise under the Project (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemption. 8.4 In order to prevent any single Relevant Enterprise receiving aid in excess of the De Minimis Threshold (whether under the Project or otherwise from the Authority or any other public body or public source) the Recipient shall: a) obtain a completed De Minimis Disclosure Form from the Relevant Enterprise before allowing it to participate in the Project, providing it with any Relevant Aid or releasing any funding to it; b) only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that Relevant Enterprise from the Authority or any other public body or public source above the De Minimis Threshold; c) maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years after the date on which the Relevant Aid is provided to the Relevant Enterprise in question; and d) permit the Authority its auditors and agents access to the Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Energy & Industrial Strategy and European Commission. 8.5 The Recipient shall notify the Authority when; (a) the value of Relevant Aid provided under the Project to any single Relevant Enterprise reaches the Relevant Aid Trigger Point; and (b) the Recipient envisages that the Relevant Enterprise’s continued participation is required in the Project. 8.6 Following the Recipient notifying the Authority in accordance with Clause 8.5, the Authority may consider what measures need to be implemented to ensure that any further Relevant Aid received by the Relevant Enterprise complies with State Aid rules, including (without limitation) directing the Recipient: a) not to provide the Relevant Enterprise with any further Relevant Aid; b) to utilise the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure.

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: a) using a fair and transparent documented decision making process taking account of public sector accountability and probity; b) in accordance with all relevant law including the Public Contracts Regulations 2015 2006 and GLA Contracts underlying European Union Procurement Directives if applicable. For the avoidance of doubt: (i) 3 or more written quotations must be sought in respect of purchases with values between £5,000.00 and Funding Code and in any event, where the Recipient is a London Borough Council, £125,000.00 (inclusive); and (ii) an advertised competitive tender exercise (in accordance with its relevant contracting and/or procurement procedures and rules, which for the avoidance Public Contracts Regulations 2006 where the thresholds therein are met/exceeded) must be conducted in respect of doubt the Recipient hereby warrants are compliant purchases with the aforementioned regulations and related best practicevalues exceeding £125,000.00; and c) in accordance with government best practice relating to procurement practices and procedures.; and 8.2 In accepting and disbursing the GLA Funding the Recipient shall comply with all applicable European Union rules on State Aid and shall ensure that all requirements for any the application of the Block Exemptions or notification and approval by the European Commission under such rules are met. 8.3 Unless otherwise notified by the Authority when utilising the GLA Funding to fund Relevant Aid to a Relevant Enterprise under the Project (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemption. 8.4 In order to prevent any single Relevant Enterprise receiving aid in excess of the De Minimis Threshold (whether under the Project or otherwise from the Authority or any other public body or public source) the Recipient shall: a) obtain a completed De Minimis Disclosure Form from the Relevant Enterprise enterprise before allowing it to participate in the Project, providing it with any Relevant Aid or releasing any funding to it; b) only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that Relevant Enterprise enterprise from the Authority or any other public body or public source above the De Minimis Threshold; c) maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years after the date on which the Relevant Aid is provided to the Relevant Enterprise enterprise in question; and d) permit the Authority its auditors and agents access to the Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Energy & Industrial Strategy Innovation and Skills and European Commission. 8.5 The Recipient shall notify the Authority when; (a) when the value of Relevant Aid provided under the Project to any single Relevant Enterprise reaches the Relevant Aid Trigger Point; and (b) Point in order that if the Recipient envisages that the Relevant Enterprise’s continued participation is required in the Project. 8.6 Following the Recipient notifying the Authority in accordance with Clause 8.5, Project the Authority may consider what measures need will have to be implemented to ensure that any further Relevant Aid received by the Relevant Enterprise complies with State Aid rules, rules including (without limitation) directing the Recipient: a) not to provide the Relevant Enterprise with any further Relevant Aid; b) to utilise the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure. 8.6 If the Authority directs it to do so the Recipient shall itself complete a De Minimis Disclosure Form in respect of any portion of the GLA Funding utilised by the Recipient that the Authority considers to be Relevant Aid to the Recipient as a Relevant Enterprise and shall fully cooperate with the Authority in utilising the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure to comply with State Aid rules. 8.7 The Authority reserves the right to vary the requirements relating to State Aid in line with changes to relevant European legislation from time to time. 8.8 The Authority may monitor the Recipient’s compliance with the requirements of this clause 8 (where applicable) and for the avoidance of doubt any failure to comply with such requirements (where applicable) shall be deemed a breach of a material term or condition of this Agreement for the purposes of clause 7.1(d).

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: a) using a fair and transparent documented decision making process taking account of public sector accountability and probity; b) in accordance with all relevant law including the Public Contracts Regulations 2015 and GLA Contracts and Funding Code and in any event, where the Recipient is a London Borough Council, in accordance with its the Recipient's relevant contracting and/or procurement procedures and rules, which for the avoidance of doubt the Recipient hereby warrants are compliant with the aforementioned regulations and related best practice; and c) in accordance with government best practice relating to procurement practices and procedures. 8.2 In accepting and disbursing the GLA Funding the Recipient shall comply with all applicable European Union rules on State Aid and shall ensure that all requirements for any the application of the Block Exemptions or notification and approval by the European Commission under such rules are met. 8.3 Unless otherwise notified by the Authority when utilising the GLA Funding to fund Relevant Aid to a Relevant Enterprise under the Project (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemption. 8.4 In order to prevent any single Relevant Enterprise receiving aid in excess of the De Minimis Threshold (whether under the Project or otherwise from the Authority or any other public body or public source) the Recipient shall: a) obtain a completed De Minimis Disclosure Form from the Relevant Enterprise before allowing it to participate in the Project, providing it with any Relevant Aid or releasing any funding to it; b) only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that Relevant Enterprise from the Authority or any other public body or public source above the De Minimis Threshold; c) maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years Financial Years after the date on which the Relevant Aid is provided to the Relevant Enterprise in question; and d) permit the Authority its auditors and agents access to the De Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Business, Energy & Industrial Strategy and the European Commission. 8.5 The Recipient shall notify the Authority when;: (a) the value of Relevant Aid provided under the Project to any single Relevant Enterprise reaches the Relevant Aid Trigger Point; and (b) the Recipient envisages that the Relevant Enterprise’s continued participation is required in the Project. 8.6 Following the Recipient notifying the Authority in accordance with Clause 8.5, the Authority may consider what measures need to be implemented to ensure that any further Relevant Aid received by the Relevant Enterprise complies with State Aid rules, rules including (without limitation) directing the Recipient: a) not to provide the Relevant Enterprise with any further Relevant Aid;; or b) to utilise the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure. 8.7 If the Authority directs it to do so the Recipient shall itself complete a De Minimis Disclosure Form in respect of any portion of the GLA Funding utilised by the Recipient that the Authority considers to be Relevant Aid to the Recipient as a Relevant Enterprise and shall fully cooperate with the Authority in utilising the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure to comply with State Aid rules. 8.8 The Authority reserves the right to vary the requirements relating to State Aid in line with changes to relevant European legislation from time to time.

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: a) using a fair and transparent documented decision making process taking account of public sector accountability and probity; b) in accordance with all relevant law including the Public Contracts Regulations 2015 and GLA Contracts underlying European Union Procurement Directives if applicable. For the avoidance of doubt: (i) 3 or more written quotations must be sought in respect of purchases with values between £5,000.00 and Funding Code and in any event, where the Recipient is a London Borough Council, £150,000.00 (inclusive); and (ii) an advertised competitive tender exercise (in accordance with its relevant contracting and/or procurement procedures and rules, which for the avoidance Public Contracts Regulations 2015 where the thresholds therein are met/exceeded) must be conducted in respect of doubt the Recipient hereby warrants are compliant purchases with the aforementioned regulations and related best practicevalues exceeding £150,000.00; and c) in accordance with government best practice relating to procurement practices and procedures.; and 8.2 In accepting and disbursing the GLA Funding the Recipient shall comply with all applicable European Union rules on State Aid and shall ensure that all requirements for any the application of the Block Exemptions or notification and approval by the European Commission under such rules are met. 8.3 Unless otherwise notified by the Authority when utilising the GLA Funding to fund Relevant Aid to a Relevant Enterprise under the Project (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemption. 8.4 In order to prevent any single Relevant Enterprise receiving aid in excess of the De Minimis Threshold (whether under the Project or otherwise from the Authority or any other public body or public source) the Recipient shall: a) obtain a completed De Minimis Disclosure Form from the Relevant Enterprise enterprise before allowing it to participate in the Project, providing it with any Relevant Aid or releasing any funding to it; b) only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that Relevant Enterprise enterprise from the Authority or any other public body or public source above the De Minimis Threshold; c) maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years after the date on which the Relevant Aid is provided to the Relevant Enterprise enterprise in question; and d) permit the Authority its auditors and agents access to the Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Energy & Industrial Strategy Innovation and Skills and European Commission. 8.5 The Recipient shall notify the Authority when; (a) when the value of Relevant Aid provided under the Project to any single Relevant Enterprise reaches the Relevant Aid Trigger Point; and (b) Point in order that if the Recipient envisages that the Relevant Enterprise’s continued participation is required in the Project. 8.6 Following the Recipient notifying the Authority in accordance with Clause 8.5, Project the Authority may consider what measures need will have to be implemented to ensure that any further Relevant Aid received by the Relevant Enterprise complies with State Aid rules, rules including (without limitation) directing the Recipient: a) not to provide the Relevant Enterprise with any further Relevant Aid; b) to utilise the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure. 8.6 If the Authority directs it to do so the Recipient shall itself complete a De Minimis Disclosure Form in respect of any portion of the GLA Funding utilised by the Recipient that the Authority considers to be Relevant Aid to the Recipient as a Relevant Enterprise and shall fully cooperate with the Authority in utilising the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure to comply with State Aid rules. 8.7 The Authority reserves the right to vary the requirements relating to State Aid in line with changes to relevant European legislation from time to time. 8.8 The Authority may monitor the Recipient’s compliance with the requirements of this clause 8 (where applicable) and for the avoidance of doubt any failure to comply with such requirements (where applicable) shall be deemed a breach of a material term or condition of this Agreement for the purposes of clause 7.1(d).

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: a) : using a fair and transparent documented decision making process taking account of public sector accountability and probity; b) ; in accordance with all relevant law including the Public Contracts Regulations 2015 and GLA Contracts and Funding Code and in any event, where the Recipient is a London Borough Council, in accordance with its relevant contracting and/or procurement procedures and rules, which for the avoidance of doubt the Recipient hereby warrants are compliant with the aforementioned regulations and related best practice; and c) and in accordance with government best practice relating to procurement practices and procedures. 8.2 In accepting and disbursing the GLA Funding the Recipient shall comply with all applicable European Union rules on State Aid and shall ensure that all requirements for any application of the Block Exemptions or notification and approval by the European Commission under such rules are met. 8.3 Unless otherwise notified by the Authority when utilising the GLA Funding to fund Relevant Aid to a Relevant Enterprise under the Project (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemption. 8.4 In order to prevent any single Relevant Enterprise receiving aid in excess of the De Minimis Threshold (whether under the Project or otherwise from the Authority or any other public body or public source) the Recipient shall: a) : obtain a completed De Minimis Disclosure Form from the Relevant Enterprise before allowing it to participate in the Project, providing it with any Relevant Aid or releasing any funding to it; b) ; only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that Relevant Enterprise from the Authority or any other public body or public source above the De Minimis Threshold; c) ; maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years after the date on which the Relevant Aid is provided to the Relevant Enterprise in question; and d) and permit the Authority its auditors and agents access to the Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Energy & Industrial Strategy and European Commission. 8.5 The Recipient shall notify the Authority when; (a) ; the value of Relevant Aid provided under the Project to any single Relevant Enterprise reaches the Relevant Aid Trigger Point; and (b) and the Recipient envisages that the Relevant Enterprise’s continued participation is required in the Project. 8.6 Following the Recipient notifying the Authority in accordance with Clause 8.5, the Authority may consider what measures need to be implemented to ensure that any further Relevant Aid received by the Relevant Enterprise complies with State Aid rules, including (without limitation) directing the Recipient: a) : not to provide the Relevant Enterprise with any further Relevant Aid; b) ; to utilise the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure.

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: a) using a fair and transparent documented decision making process taking account of public sector accountability and probity; b) in accordance with all relevant law including the Public Contracts Regulations 2015 and GLA Contracts and Funding Code and in any event, where the Recipient is a London Borough Council, in accordance with its relevant contracting and/or procurement procedures and rules, which for the avoidance of doubt the Recipient hereby warrants are compliant with the aforementioned regulations and related best practice; and c) in accordance with government best practice relating to procurement practices and procedures. 8.2 In accepting and disbursing the GLA Funding Support the Recipient shall comply with all applicable European Union rules on State Aid and shall ensure that all requirements for any the application of the Block Exemptions or notification and approval by the European Commission under such rules are met. 8.3 8.2 Unless otherwise notified by the Authority when utilising the GLA Funding Support to fund Relevant Aid to a Relevant Enterprise under the Project (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemption. 8.4 8.3 In order to prevent any single Relevant Enterprise receiving aid in excess of the De Minimis Threshold (whether under the Project or otherwise from the Authority or any other public body or public source) the Recipient shall: a) obtain a completed De Minimis Disclosure Form from the Relevant Enterprise enterprise before allowing it to participate in the Projecta Project or receiving support set out in an Authority Support Letter, providing it with any Relevant Aid or releasing any funding to it; b) only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that Relevant Enterprise enterprise from the Authority or any other public body or public source above the De Minimis Threshold; c) maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years after the date on which the Relevant Aid is provided to the Relevant Enterprise in question; and d) permit the Authority its auditors and agents access to the De Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Energy & Industrial Strategy Innovation and Skills and European Commission. 8.5 The Recipient shall notify the Authority when; (a) when the value of Relevant Aid provided under the a Project to any single Relevant Enterprise reaches the Relevant Aid Trigger Point; and (b) Point in order that if the Recipient envisages that the Relevant Enterprise’s continued participation is required in the a Project. 8.6 Following the Recipient notifying the Authority in accordance with Clause 8.5, the Authority may consider what measures need will have to be implemented to ensure that any further Relevant Aid received by the Relevant Enterprise complies with State Aid rules, rules including (without limitation) directing the Recipient: a) not to provide the Relevant Enterprise with any further Relevant Aid; b) to utilise the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure. 8.6 If the Authority directs it to do so the Recipient shall itself complete a De Minimis Disclosure Form in respect of any portion of the GLA Support utilised by the Recipient that the Authority considers to be Relevant Aid to the Recipient as a Relevant Enterprise and shall fully cooperate with the Authority in utilising the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure to comply with State Aid rules. 8.7 The Authority reserves the right to vary the requirements relating to State Aid in line with changes to relevant European legislation from time to time. 8.8 The Authority may monitor the Recipient’s compliance with the requirements of this clause 8 (where applicable) and for the avoidance of doubt any failure to comply with such requirements (where applicable) shall be deemed a breach of a material term or condition of this Agreement for the purposes of clause 7.1(c).

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: (a) using a fair and transparent documented decision making process taking account of public sector accountability and probity; (b) in accordance with all relevant law and policies including the Public Contracts Regulations 2015 and GLA Contracts and Funding Code Code. For the avoidance of doubt: (i) three or more written quotations must be sought in respect of purchases with values between £10,000.00 and in any event, where the Recipient is a London Borough Council, £150,000.00 (inclusive); and (ii) an advertised competitive tender exercise (in accordance with its relevant contracting and/or procurement procedures and rules, which for the avoidance Public Contracts Regulations 2015 where the thresholds therein are met/exceeded) must be conducted in respect of doubt the Recipient hereby warrants are compliant purchases with the aforementioned regulations and related best practicevalues exceeding £150,000.00; and (c) in accordance with government best practice relating to procurement practices and procedures. 8.2 In accepting The parties acknowledge that they have structured this Agreement with the objective that it is lawful and disbursing the GLA Funding the Recipient shall comply with all applicable European Union rules on does not give rise to State Aid and shall ensure that all requirements for any application of the Block Exemptions or notification and approval by the European Commission under such rules are metAid. 8.3 Unless otherwise notified by Notwithstanding anything in this Agreement the Authority when utilising the GLA shall only provide GLA Funding to fund Relevant Aid to a Relevant Enterprise under the Project (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure extent that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemptiondoes not give rise to Unlawful State Aid. 8.4 In order to prevent any single Relevant Enterprise receiving aid in excess Notwithstanding clauses 8.2 and 8.3 of the De Minimis Threshold (whether under the Project or otherwise from the Authority or any other public body or public source) the Recipient shallthis Agreement if: a) obtain a completed De Minimis Disclosure Form from the Relevant Enterprise before allowing it to participate in the Project, providing it with any Relevant Aid or releasing any funding to it; b) only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that Relevant Enterprise from the Authority or any other public body or public source above the De Minimis Threshold; c) maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years after the date on which the Relevant Aid is provided to the Relevant Enterprise in question; and d) permit the Authority its auditors and agents access to the Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Energy & Industrial Strategy and European Commission. 8.5 The Recipient shall notify the Authority when; (a) the value of Relevant Recipient becomes aware (having made all reasonable enquiries) that any GLA Funding could constitute Unlawful State Aid provided under then the Project to any single Relevant Enterprise reaches Recipient must: (i) immediately notify the Relevant Aid Trigger PointGLA in writing; and (bii) if requested by the Recipient envisages that GLA, promptly provide the Relevant Enterprise’s continued participation is required in GLA with such information about or relating to the Project. 8.6 Following the Recipient notifying the Authority in accordance with Clause 8.5, GLA Funding as the Authority may consider what measures need reasonably require; (b) any GLA Funding is found to be implemented constitute Unlawful State Aid (or is under investigation or subject to judicial proceedings in relation to State Aid compliance) then: (i) the parties acting in good faith will promptly seek to restructure the arrangements surrounding the GLA Funding and the terms of this Agreement to the extent necessary to ensure that any further Relevant Aid received by the Relevant Enterprise complies with no Unlawful State Aid rules, including subsequently arises from it; and/or (without limitationii) directing the Recipient: a) not parties shall promptly cooperate in good faith to provide evidence that the Relevant Enterprise with GLA Funding (or the restructured GLA Funding) does not or will not give rise to Unlawful State Aid. 8.5 If any further Relevant Aid; b) GLA Funding is found to utilise constitute Unlawful State Aid and/or is not capable of being restructured so as to be compliant then the Block Exemptions or Recipient must repay any other applicable exemption or European Commission notification and approval procedure.sum of Unlawful State Aid plus such interest as is prescribed by State Aid law within fifteen

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: a) using a fair and transparent documented decision making process taking account of public sector accountability and probity; b) in accordance with all relevant law including the Public Contracts Regulations 2015 and GLA Contracts and Funding Code and in any event, where the Recipient is a London Borough Council, in accordance with its relevant contracting and/or procurement procedures and rules, which for the avoidance of doubt the Recipient hereby warrants are compliant with the aforementioned regulations and related best practice; and c) in accordance with government best practice relating to procurement practices and procedures. 8.2 In accepting and disbursing the GLA Funding Support the Recipient shall comply with all applicable European Union rules on State Aid and shall ensure that all requirements for any the application of the Block Exemptions or notification and approval by the European Commission under such rules are met. 8.3 8.2 Unless otherwise notified by the Authority when utilising the GLA Funding Support to fund Relevant Aid to a Relevant Enterprise under the Project (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemption. 8.4 8.3 In order to prevent any single Relevant Enterprise receiving aid in excess of the De Minimis Threshold (whether under the Project or otherwise from the Authority or any other public body or public source) the Recipient shall: a) obtain a completed De Minimis Disclosure Form from the Relevant Enterprise enterprise before allowing it to participate in the Projecta Project or receiving support set out in an Authority Support Letter, providing it with any Relevant Aid or releasing any funding to it; b) only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that Relevant Enterprise enterprise from the Authority or any other public body or public source above the De Minimis Threshold; c) maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years after the date on which the Relevant Aid is provided to the Relevant Enterprise in question; and d) permit the Authority its auditors and agents access to the De Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Energy & Industrial Strategy Innovation and Skills and European Commission. 8.5 The Recipient shall notify the Authority when; (a) when the value of Relevant Aid provided under the a Project to any single Relevant Enterprise reaches the Relevant Aid Trigger Point; and (b) Point in order that if the Recipient envisages that the Relevant Enterprise’s continued participation is required in the Project. 8.6 Following the Recipient notifying the Authority in accordance with Clause 8.5, a Project the Authority may consider what measures need will have to be implemented to ensure that any further Relevant Aid received by the Relevant Enterprise complies with State Aid rules, rules including (without limitation) directing the Recipient: a) not to provide the Relevant Enterprise with any further Relevant Aid; b) to utilise the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure. 8.6 If the Authority directs it to do so the Recipient shall itself complete a De Minimis Disclosure Form in respect of any portion of the GLA Support utilised by the Recipient that the Authority considers to be Relevant Aid to the Recipient as a Relevant Enterprise and shall fully cooperate with the Authority in utilising the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure to comply with State Aid rules. 8.7 The Authority reserves the right to vary the requirements relating to State Aid in line with changes to relevant European legislation from time to time. 8.8 The Authority may monitor the Recipient’s compliance with the requirements of this clause 8 (where applicable) and for the avoidance of doubt any failure to comply with such requirements (where applicable) shall be deemed a breach of a material term or condition of this Agreement for the purposes of clause 7.1(d).