Project success. 3.3.1 The Applicant has and shall deliver the Project and Works at all times in accordance with the Business Plan and in accordance with Good Industry Practice. 3.3.2 The Applicant shall deliver the outputs and outcomes set out in the Business Plan 3.3.3 The Applicant has and shall at all times use all reasonable skill and care in delivering the Project and the Works and in taking such actions as are to be expected of a properly qualified, experienced and competent property developer in order to implement and deliver the requirements of this Agreement and the Business Plan. 3.3.4 The Applicant is not in default under any law or enactment or under any deed, agreement or other instrument or obligation to an extent that may affect adversely its ability to perform its obligations under this Agreement. 3.3.5 No litigation or administrative or arbitration proceeding before any court, tribunal, Government authority or arbitrator is presently taking place, pending or (to the knowledge, information and belief of the Applicant) threatened against, or against any of the assets of, the Applicant which might have a Material Adverse Effect. 3.3.6 The Applicant has made diligent enquiries and to the best of its knowledge, information and belief no person having any charge, lien, encumbrance or other form of security over any assets of the Applicant including its interest in the Site has enforced or given notice of its intention to enforce such security and the Applicant has not done or omitted to do anything which would or might reasonably be expected to cause any person to enforce or exercise its rights to enforce such security to the extent that this would affect the Applicant's ability to perform its obligations under this Agreement or the Works Contracts respectively. 3.3.7 All Consents required for the Works to be commenced and the Site being available for the Permitted Use have been obtained and not withdrawn. 3.3.8 The Applicant is not aware, after due enquiry, of anything which materially threatens the success of the Project or the completion of this Agreement. 3.3.9 The Applicant has the full legal control of the Site to enable Practical Completion of all Works. 3.3.10 The Site is free from any conditions, restrictions or covenants which do or might affect the right to carry out the Works or achieve Practical Completion of all Works and continue the Permitted Use of the Site following the Date of Practical Completion. 3.3.11 The Applicant has and shall (and shall procure that each Contractor shall) in carrying out Works comply with the provisions of the Considerate Constructors Scheme save that where there is any conflict between the provisions of this Agreement and the provisions of such scheme the provisions of this Agreement shall prevail. 3.3.12 The Applicant has entered or will by Practical Completion have entered into all requisite agreements with the highway authority pursuant to section 38 Highways Act 1980 in respect of the construction and adoption of any Adoptable Highways comprising or relating to the Project and all requisite agreements with the highway authority pursuant to section 278 of the Highways Act 1980 (as appropriate) in respect of the construction of any Highways comprising or relating to the Project and procured any bond or guarantee required by the highway authority in connection with any such agreement. 3.3.13 The Applicant has entered or will by Practical Completion have entered into an agreement with the relevant water authority pursuant to section 104 of the Water Industry Act 1991 in respect of the construction and adoption of the sewers serving the Project and procured any bond or guarantee required by such water authority in connection with such agreement. 3.3.14 The Applicant has entered or will by Practical Completion have entered into any requisite agreement with the relevant local authority for the adoption by that local authority of any areas on the Site to be made available for general public use and requiring such adoption. 3.3.15 The Applicant shall ensure (and shall take all reasonable steps to satisfy the CPCA that) its employees and all Contractors employed or engaged in connection with the Project are suitable and competent in all respects to allow the proper performance of all necessary work or tasks in relation to the Works and Practical Completion of the Project in accordance with this Agreement and the Business Plan. 3.3.16 The Applicant shall not make any Disposal other than a Permitted Disposal for less than Market Value. 3.3.17 The Applicant will allow CPCA access to the building that has been funded through this Agreement in order to hold meetings and events free of charge of room rent. Such requests for access will be made with due regard for the Applicants business requirements as set out in Schedule 10
Appears in 1 contract
Samples: Grant Funding Agreement
Project success. 3.3.1 The Applicant has and shall deliver the Project and Works at all times in accordance with the Business Plan and in accordance with Good Industry Practice.
3.3.2 The Applicant shall deliver the outputs and outcomes set out in the Business Plan
3.3.3 The Applicant has and shall at all times use all reasonable skill and care in delivering the Project and the Works and in taking such actions as are to be expected of a properly qualified, experienced and competent property developer in order to implement and deliver the requirements of this Agreement and the Business Plan.
3.3.4 3.4.1 The Applicant is not in default under any law or enactment or under any deed, agreement or other instrument or obligation to an extent that may affect adversely its ability to perform its obligations under this Agreement.
3.3.5 3.4.2 No litigation or administrative or arbitration proceeding before any court, tribunal, Government authority or arbitrator is presently taking place, pending or (to the knowledge, information and belief of the Applicant) threatened against, or against any of the assets of, the Applicant which might have a Material Adverse Effect.
3.3.6 3.4.3 The Applicant has made diligent enquiries and to the best of its knowledge, information and belief no person having any charge, lien, encumbrance or other form of security over any assets of the Applicant including its interest in Building or the Site has enforced or given notice of its intention to enforce such security and the Applicant has not done or omitted to do anything which would or might reasonably be expected to cause any person to enforce or exercise its rights to enforce such security to the extent that this would affect the Applicant's ability to perform its obligations under this Agreement or the Works Contracts respectively.
3.3.7 3.4.4 All Consents required for the Works to be commenced and the Site being available for the Permitted Use have been obtained and not withdrawn.
3.3.8 3.4.5 The Applicant warrants that the Works, the Building and the use of the Building all satisfy the qualification criteria for Funding set out in the Guidance.
3.4.6 The Applicant shall promptly following Practical Completion provide to Homes England an Exit FRA which confirms:
(a) that the recommendations contained within the Pre-Remediation FRAEW (and any other subsequent FRAEW previously submitted to Homes England) have been implemented;
(b) that any life safety fire risks identified by the Pre-Remediation FRAEW (and any other previously submitted FRAEW) have been eliminated and the risk to life in the Building has been reduced to a tolerable level; and
(c) that there are no significant risks or breaches of legislation identified, and is otherwise in a form approved by Homes England (at its sole discretion).
3.4.7 The Applicant is not aware, after due enquiry, of anything which materially threatens the success of the Project or the completion of this Agreement.
3.3.9 3.4.8 The Applicant has the full legal control of the Building or has sufficient rights of access to the Building and/or Site arising from Lease Documentation to carry out the Works and to enable Practical Completion of all Works.
3.3.10 3.4.9 The Site or Building is free from any conditions, restrictions or covenants which do or might affect the right to carry out the Works or achieve Practical Completion of all Works and continue the Permitted Use of the Site following the Date of Practical CompletionWorks.
3.3.11 3.4.10 The Applicant has and shall (and shall procure require that each Contractor shall) in carrying out Works comply with the provisions of the Considerate Constructors Scheme save that where there is any conflict between the provisions of this Agreement and the provisions of such scheme the provisions of this Agreement shall prevail.
3.3.12 The Applicant has entered or will by Practical Completion have entered into all requisite agreements with the highway authority pursuant to section 38 Highways Act 1980 in respect of the construction and adoption of any Adoptable Highways comprising or relating to the Project and all requisite agreements with the highway authority pursuant to section 278 of the Highways Act 1980 (as appropriate) in respect of the construction of any Highways comprising or relating to the Project and procured any bond or guarantee required by the highway authority in connection with any such agreement.
3.3.13 The Applicant has entered or will by Practical Completion have entered into an agreement with the relevant water authority pursuant to section 104 of the Water Industry Act 1991 in respect of the construction and adoption of the sewers serving the Project and procured any bond or guarantee required by such water authority in connection with such agreement.
3.3.14 The Applicant has entered or will by Practical Completion have entered into any requisite agreement with the relevant local authority for the adoption by that local authority of any areas on the Site to be made available for general public use and requiring such adoption.
3.3.15 3.4.11 The Applicant shall ensure that (and shall take all reasonable steps to satisfy the CPCA Homes England that) its employees and all Contractors employed or engaged in connection with the Project are suitable and competent in all respects to allow the proper performance of all necessary work or tasks in relation to the Works and Practical Completion of the Project in accordance with this Agreement and the Business PlanProject Documents.
3.3.16 3.4.12 Neither the Applicant nor any of its officers, employees, agents or subcontractors have:
(a) committed an offence under the Modern Slavery Act 2015; or
(b) been notified that it is subject to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015; or
(c) become aware of any circumstances within its supply chain that could give rise to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015.
3.4.13 The Applicant shall not make any Disposal implement due diligence procedures for its subcontractors, agents, suppliers, and other than a Permitted Disposal for less than Market Valueparticipants in its supply chains, to ensure that there is no slavery or human trafficking in its supply chains.
3.3.17 The Applicant will allow CPCA access to the building that has been funded through this Agreement in order to hold meetings and events free of charge of room rent. Such requests for access will be made with due regard for the Applicants business requirements as set out in Schedule 10
Appears in 1 contract
Samples: Grant Funding Agreement
Project success. 3.3.1 The Applicant has and shall deliver the Project and Works at all times in accordance with the Business Plan and in accordance with Good Industry Practice.
3.3.2 The Applicant shall deliver the outputs and outcomes set out in the Business Plan
3.3.3 The Applicant has and shall at all times use all reasonable skill and care in delivering the Project and the Works and in taking such actions as are to be expected of a properly qualified, experienced and competent property developer in order to implement and deliver the requirements of this Agreement and the Business Plan.
3.3.4 3.4.1 The Applicant is not in default under any law or enactment or under any deed, agreement or other instrument or obligation to an extent that may affect adversely its ability to perform its obligations under this Agreement.
3.3.5 3.4.2 No litigation or administrative or arbitration proceeding before any court, tribunal, Government authority or arbitrator is presently taking place, pending or (to the knowledge, information and belief of the Applicant) threatened against, or against any of the assets of, the Applicant which might have a Material Adverse Effect.
3.3.6 3.4.3 The Applicant has made diligent enquiries and to the best of its knowledge, information and belief no person having any charge, lien, encumbrance or other form of security over any assets of the Applicant including its interest in Building or the Site has enforced or given notice of its intention to enforce such security and the Applicant has not done or omitted to do anything which would or might reasonably be expected to cause any person to enforce or exercise its rights to enforce such security to the extent that this would affect the Applicant's ability to perform its obligations under this Agreement or the Works Contracts respectively.
3.3.7 3.4.4 All Consents required for the Works to be commenced and the Site being available for the Permitted Use have been obtained and not withdrawn.
3.3.8 3.4.5 The Applicant warrants that the Works, the Building and the use of the Building all satisfy the qualification criteria for Funding set out in the Guidance.
3.4.6 The Applicant shall promptly following Practical Completion provide to Homes England a Post-Remediation FRAEW which confirms that any recommendations contained within the Pre-Remediation FRAEW and any other FRAEW previously submitted to Homes England have been implemented and that any life safety fire risks identified by the Pre-Remediation FRAEW (and any other FRAEW previously submitted) have been eliminated.
3.4.7 The Applicant is not aware, after due enquiry, of anything which materially threatens the success of the Project or the completion of this Agreement.
3.3.9 3.4.8 The Applicant has the full legal control of the Building or has sufficient rights of access to the Building and/or Site arising from Lease Documentation to carry out the Works and to enable Practical Completion of all Works.
3.3.10 3.4.9 The Site or Building is free from any conditions, restrictions or covenants which do or might affect the right to carry out the Works or achieve Practical Completion of all Works and continue the Permitted Use of the Site following the Date of Practical CompletionWorks.
3.3.11 3.4.10 The Applicant has and shall (and shall procure require that each Contractor shall) in carrying out Works comply with the provisions of the Considerate Constructors Scheme save that where there is any conflict between the provisions of this Agreement and the provisions of such scheme the provisions of this Agreement shall prevail.
3.3.12 The Applicant has entered or will by Practical Completion have entered into all requisite agreements with the highway authority pursuant to section 38 Highways Act 1980 in respect of the construction and adoption of any Adoptable Highways comprising or relating to the Project and all requisite agreements with the highway authority pursuant to section 278 of the Highways Act 1980 (as appropriate) in respect of the construction of any Highways comprising or relating to the Project and procured any bond or guarantee required by the highway authority in connection with any such agreement.
3.3.13 The Applicant has entered or will by Practical Completion have entered into an agreement with the relevant water authority pursuant to section 104 of the Water Industry Act 1991 in respect of the construction and adoption of the sewers serving the Project and procured any bond or guarantee required by such water authority in connection with such agreement.
3.3.14 The Applicant has entered or will by Practical Completion have entered into any requisite agreement with the relevant local authority for the adoption by that local authority of any areas on the Site to be made available for general public use and requiring such adoption.
3.3.15 3.4.11 The Applicant shall ensure that (and shall take all reasonable steps to satisfy the CPCA Homes England that) its employees and all Contractors employed or engaged in connection with the Project are suitable and competent in all respects to allow the proper performance of all necessary work or tasks in relation to the Works and Practical Completion of the Project in accordance with this Agreement and the Business PlanProject Documents.
3.3.16 3.4.12 Neither the Applicant nor any of its officers, employees, agents or subcontractors have:
(a) committed an offence under the Modern Slavery Act 2015; or
(b) been notified that it is subject to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015; or
(c) become aware of any circumstances within its supply chain that could give rise to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015.
3.4.13 The Applicant shall not make any Disposal implement due diligence procedures for its subcontractors, agents, suppliers, and other than a Permitted Disposal for less than Market Valueparticipants in its supply chains, to ensure that there is no slavery or human trafficking in its supply chains.
3.3.17 The Applicant will allow CPCA access to the building that has been funded through this Agreement in order to hold meetings and events free of charge of room rent. Such requests for access will be made with due regard for the Applicants business requirements as set out in Schedule 10
Appears in 1 contract
Samples: Grant Funding Agreement
Project success. 3.3.1 The Applicant has and shall deliver the Project and Works at all times in accordance with the Business Plan and in accordance with Good Industry Practice.
3.3.2 The Applicant shall deliver the outputs and outcomes set out in the Business Plan
3.3.3 The Applicant has and shall at all times use all reasonable skill and care in delivering the Project and the Works and in taking such actions as are to be expected of a properly qualified, experienced and competent property developer in order to implement and deliver the requirements of this Agreement and the Business Plan.
3.3.4 3.4.1 The Applicant is not in default under any law or enactment or under any deed, agreement or other instrument or obligation to an extent that may affect adversely its ability to perform its obligations under this Agreement.
3.3.5 3.4.2 No litigation or administrative or arbitration proceeding before any court, tribunal, Government authority or arbitrator is presently taking place, pending or (to the knowledge, information and belief of the Applicant) threatened against, or against any of the assets of, the Applicant which might have a Material Adverse Effect.
3.3.6 3.4.3 The Applicant has made diligent enquiries and to the best of its knowledge, information and belief no person having any charge, lien, encumbrance or other form of security over any assets of the Applicant including its interest in Building or the Site has enforced or given notice of its intention to enforce such security and the Applicant has not done or omitted to do anything which would or might reasonably be expected to cause any person to enforce or exercise its rights to enforce such security to the extent that this would affect the Applicant's ability to perform its obligations under this Agreement or the Works Contracts respectively.
3.3.7 3.4.4 All Consents required for the Works to be commenced and the Site being available for the Permitted Use have been obtained and not withdrawn.
3.3.8 3.4.5 The Applicant warrants that the Works, the Building and the use of the Building all satisfy the qualification criteria for Funding set out in the Guidance.
3.4.6 The Applicant shall promptly following Practical Completion provide to Homes England a Post-Remediation FRAEW which confirms that any recommendations contained within the Pre-Remediation FRAEW and any other FRAEW previously submitted to Homes England have been implemented and that any life safety fire risks identified by the Pre-Remediation FRAEW (and any other FRAEW previously submitted) have been eliminated.
3.4.7 The Applicant is not aware, after due enquiry, of anything which materially threatens the success of the Project or the completion of this Agreement.
3.3.9 3.4.8 The Applicant has the full legal control of the Building or has sufficient rights of access to the Building and/or Site arising from Lease Documentation to carry out the Works and to enable Practical Completion of all Works.
3.3.10 3.4.9 The Site or Building is free from any conditions, restrictions or covenants which do or might affect the right to carry out the Works or achieve Practical Completion of all Works and continue the Permitted Use of the Site following the Date of Practical CompletionWorks.
3.3.11 3.4.10 The Applicant has and shall (and shall procure require that each Contractor shall) in carrying out Works comply with the provisions of the Considerate Constructors Scheme save that where there is any conflict between the provisions of this Agreement and the provisions of such scheme the provisions of this Agreement shall prevail.
3.3.12 The Applicant has entered or will by Practical Completion have entered into all requisite agreements with the highway authority pursuant to section 38 Highways Act 1980 in respect of the construction and adoption of any Adoptable Highways comprising or relating to the Project and all requisite agreements with the highway authority pursuant to section 278 of the Highways Act 1980 (as appropriate) in respect of the construction of any Highways comprising or relating to the Project and procured any bond or guarantee required by the highway authority in connection with any such agreement.
3.3.13 The Applicant has entered or will by Practical Completion have entered into an agreement with the relevant water authority pursuant to section 104 of the Water Industry Act 1991 in respect of the construction and adoption of the sewers serving the Project and procured any bond or guarantee required by such water authority in connection with such agreement.
3.3.14 The Applicant has entered or will by Practical Completion have entered into any requisite agreement with the relevant local authority for the adoption by that local authority of any areas on the Site to be made available for general public use and requiring such adoption.
3.3.15 3.4.11 The Applicant shall ensure that (and shall take all reasonable steps to satisfy the CPCA Homes England that) its employees and all Contractors employed or engaged in connection with the Project are suitable and competent in all respects to allow the proper performance of all necessary work or tasks in relation to the Works and Practical Completion of the Project in accordance with this Agreement and the Business PlanProject Documents.
3.3.16 3.4.12 Neither the Applicant nor any of its officers, employees, agents or subcontractors have:
(a) committed an offence under the Modern Slavery Act 2015; or
(b) been notified that it is subject to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015; or
(c) become aware of any circumstances within its supply chain that could give rise to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015.
3.4.13 The Applicant shall not make any Disposal implement due diligence procedures for its subcontractors, agents, suppliers, and other than a Permitted Disposal for less than Market Valueparticipants in its supply chains, to ensure that there is no slavery or human traf f icking in its supply chains.
3.3.17 The Applicant will allow CPCA access to the building that has been funded through this Agreement in order to hold meetings and events free of charge of room rent. Such requests for access will be made with due regard for the Applicants business requirements as set out in Schedule 10
Appears in 1 contract
Samples: Grant Funding Agreement
