Recovery of grant. 32.1 If you do not comply with any of the conditions and requirements of the Grant Funding Agreement, we may require all or part of the grant to be repaid.
32.2 You may not retain any portion of the grant that has not been used by the end of the each financial year in the Grant period without our written permission. Any grant which remains unspent at the end of the financial year or as a result of termination or breach of this Grant Funding Agreement must be returned to us and not carried forward for use in the following financial year.
32.3 Any monies which we do not agree to be retained must be repaid to us within 30 days of a request by us to do so.
32.4 If you are wound up or go into liquidation, administration, receivership, or bankruptcy, or enter into any compromise or other arrangement of your debts with your creditors, then we will be entitled to recover any grant money that has not been spent and withhold any further payments. If any of the money is held by your contractors, you must attempt to recover it.
Recovery of grant. (a) The Ministry may reduce, suspend, or withhold the Grant or require all or part of the Grant to be repaid, if:
(i) the Ministry judges the performance of the Project to be unsatisfactory;
(ii) the Recipient breaches clause 2.6 (Use of Grant) of this Deed or fails to comply with any other term or condition of this Deed that the Ministry considers to be material;
(iii) any enforcement action is commenced against the Recipient under laws, regulations, codes, standards or any applicable conventions in relation to the Project or in any other capacity;
(iv) this Deed is terminated in accordance with clause 5.6 (Termination);
(v) there is a substantial change to the Project which the Ministry has not approved;
(vi) any information provided in the application for funding, in a claim for payment, or in subsequent or supporting correspondence is found to be incorrect or incomplete to an extent which the Ministry considers to be material;
(vii) if the Ministry judges the performance of the Recipient regarding health and safety in relation to the Project to be unsatisfactory;
(viii) the Ministry has consented to a change in the Project which in its opinion reduces the amount of Grant needed; or
(ix) any other circumstances or events that in the reasonable opinion of the Ministry are likely to adversely affect the Recipient’s ability to deliver the Project in accordance with the requirements for the delivery of the Project or result in a risk that the Project as approved will not be completed.
(b) The Recipient agrees that on receipt of notice requiring repayment of Grant it shall make such repayment within 20 Working Days of the date of the notice.
Recovery of grant. If the local authority does not comply with any of the conditions and requirements referred to in this Funding Agreement, the Secretary of State may by notice in writing require the local authority to repay all or any part of grant paid to it under this Funding Agreement.
Recovery of grant. Non-Capital Expenditure).
Recovery of grant. 9.1 The BBC may at any time during the Funding Period and for a period of ten (10) years thereafter recover from the Operator on demand that proportion of the Grant affected where:
Recovery of grant. Non-Capital Expenditure) have arisen shall be resolved in accordance with clause 22 (Resolution of Disputes);
9.1.5 Overpayment: at the end of the Funding Period, the total Grant made to the Operator (including those amounts recoverable by the Operator in Annex 3 (Deductions from Maximum Grant Available)) exceeds £25,000,000, in which case such excess amounts over £25,000,000 may be recovered by the BBC from the Operator on demand;
Recovery of grant. 33.1 If you do not comply with any of the conditions and requirements of the Grant Funding Agreement, we may require all or part of the grant to be repaid.
33.2 You may not retain any portion of the grant that has not been used by the end of the financial year in the Grant period without our written permission. Any grant which remains unspent at the end of the financial year or as a result of termination or breach of this Grant Funding Agreement must be returned to us and not carried forward for use in the following financial year.
33.3 Any monies which we do not agree to be retained must be repaid to us within 30 days of a request by us to do so. If any amount payable or repayable in accordance with this clause or any other provision of this Grant Funding Agreement is not paid within 30 days of a request for payment; we reserve the right to unilaterally deduct that amount from any other sum which is due or which may later become due to you under this agreement or any other agreement or contract you may have with us.
33.4 If you are wound up or go into liquidation, administration, receivership, or bankruptcy, or enter into any compromise or other arrangement of your debts with your creditors, then we will be entitled to recover any grant money that has not been spent and withhold any further payments. If any of the money is held by your contractors, you must attempt to recover it.
Recovery of grant. 5A.1 If the Secretary of State or his agents pay grant not including GAG to the Company in relation to the Academy on condition either that such grant be used for a particular purpose or purposes or that such grant be used by a certain date, any failure on the part of the Company to use such grant for such a purpose or purposes or by such date may be taken into account by the Secretary of State either:
(i) in the same Academy Financial Year that such grant is paid to the Company in relation to the Academy; or
(ii) in the calculation and/or payment of any subsequent grant to the Company in relation to the Academy; or
(iii) by an adjustment to the GAG paid by the Secretary of State to the Company in relation to the Academy in the following Academy Financial Year or Academy Financial Years.
Recovery of grant. 15.1 Huddersfield & District Textile Training Co Ltd may reduce suspend or withhold the Grant or require all or part of the Grant to be repaid (or require Capital Assets to be transferred where the purchase was wholly funded by Huddersfield & District Textile Training Co Ltd) if:
(a) it judges the performance of the Project to be unsatisfactory;
(b) the Contractor fails to comply with any term or condition of this Agreement in any material respect;
(c) the Grant is terminated in accordance with clause 16 (Termination);
(d) there is a substantial change to the Project which Huddersfield & District Textile Training Co Ltd has not approved;
(e) any attempt is made to transfer or assign any rights interests or obligations created under this Agreement without the prior written consent of Huddersfield & District Textile Training Co Ltd;
(f) any information provided in the application for funding or in a claim for payment or in subsequent or supporting correspondence is found to be incorrect or incomplete to an extent which Huddersfield & District Textile Training Co Ltd considers to be material;
(g) a charge is taken on a Capital Asset without the prior consent of Huddersfield & District Textile Training Co Ltd;
(h) there is an unauthorised attempt to dispose of a Capital Asset;
(i) there is a failure to keep and maintain the records required by Huddersfield & District Textile Training Co Ltd;
(j) there is a failure by the Contractor to provide reports on time as required by this Agreement;
(k) the Grant has not been used for the purpose for which it was given;
(l) there is financial irregularity within the Contractor which is not rectified within the timescale specified by Huddersfield & District Textile Training Co Ltd;
(m) there has been an overpayment of Grant;
(n) there is a change in the Contractor’s activities which are inconsistent with the Outputs;
(o) Huddersfield & District Textile Training Co Ltd has to repay funding from which the Grant was allocated;
(p) Huddersfield & District Textile Training Co Ltd is required to do so as a result of a decision by the EU or as a result of any obligation arising under EU Law.
(q) Huddersfield & District Textile Training Co Ltd believes that all necessary approvals to lawfully deliver the Project have not been obtained or all relevant legislation has not been complied with;
(r) Huddersfield & District Textile Training Co Ltd has consented to a change in the Project which in its opinion reduces the amount of Grant ...
Recovery of grant. 15.1 Yorkshire Forward may reduce suspend or withhold the Grant or require all or part of the Grant to be repaid (or require Capital Assets to be transferred where the purchase was wholly funded by Yorkshire Forward) if:
(a) it judges the performance of the Project to be unsatisfactory; and/or
(b) the Contractor fails to comply with any term or condition of this Agreement in any material respect; and/or
(c) the Grant is terminated in accordance with clause 16 (Termination); and/or
(d) there is a substantial change to the Project which Yorkshire Forward has not approved; and/or
(e) any attempt is made to transfer or assign any rights interests or obligations created under this Agreement without the prior written consent of Yorkshire Forward; and/or
(f) any information provided in the application for funding or in a claim for payment or in subsequent or supporting correspondence is found to be incorrect or incomplete to an extent which Yorkshire Forward considers to be material; and/or
(g) a charge is taken on a Capital Asset without the prior consent of Yorkshire Forward; and/or
(h) there is an unauthorised attempt to dispose of a Capital Asset; and/or
(i) there is a failure to keep and maintain the records required by Yorkshire Forward; and/or
(j) there is a failure by the Contractor to provide reports on time as required by this Agreement; and/or
(k) the Grant has not been used for the purpose for which it was given; and/or
(l) there is financial irregularity within the Contractor which is not rectified within the timescale specified by Yorkshire Forward; and/or
(m) there has been an overpayment of Grant; and/or
(n) there is a change in the Contractor’s activities which are inconsistent with the Outputs; and/or
(o) Yorkshire Forward has to repay funding from which the Grant was allocated; and/or
(p) Yorkshire Forward is required to do so as a result of a decision by the EU or as a result of any obligation arising under EU Law; and/or
(q) Yorkshire Forward believes that all necessary approvals to lawfully deliver the Project have not been obtained or all relevant legislation has not been complied with; and/or
(r) Yorkshire Forward has consented to a change in the Project which in its opinion reduces the amount of Grant needed; and/or
(s) any other circumstances or events that in the reasonable opinion of Yorkshire Forward are likely to adversely affect the Contractor’s ability to deliver the Project in accordance with the terms of this Agreement or result...
