Relevant Discharge Terms. The relevant discharge terms within the meaning of Section 6 of the Local Government (Contracts) Xxx 0000 are set out in Schedule 10 (Relevant Discharge Terms).
Relevant Discharge Terms. The Parties hereby acknowledge and agree that: where following an application for judicial review or an audit review (within the meaning of the Local Government (Contracts) Act 1997), a court determines that the Authority did not have power to enter into this Agreement or to enter into this Agreement and the Funders' Direct Agreement and that this Agreement or that this Agreement and the Funders' Direct Agreement are unenforceable: DBFM Co shall be entitled to be paid by the Authority a sum equivalent to the amount calculated in accordance with Section 1 (Compensation on Termination for Authority Default and Voluntary Termination) of Schedule Part 17 (Compensation on Termination); and the relevant provisions of Clause 46 (Compensation on Termination) and Section 5 (General) of Schedule Part 17 (Compensation on Termination) shall apply mutatis mutandis, subject to compensation being deemed to be payable in a lump sum within 6 months of the order of the court; and where following an application for judicial review or an audit review (within the meaning of the Local Government (Contracts) Act 1997) a court determines that the Authority did not have power to enter into the Funders' Direct Agreement and the Funders' Direct Agreement is unenforceable but this Agreement remains in full force and effect then, without prejudice to the application of paragraph 1.1.1 of this Schedule Part 27 (Relevant Discharge Terms) at any time thereafter: the Monthly Service Payment shall be reduced by the amount payable by DBFM Co in respect of the Senior Debt; and the Authority shall pay DBFM Co a sum equal to the Revised Senior Debt Termination Amount (excluding, provided that the Senior Funders do not enforce any security over credit balances on any bank accounts held by or on behalf of DBFM Co, limb (b)(i) of the definition set out in Section 6 (Definitions) of Schedule Part 17 (Compensation on Termination)) and the relevant provisions of Clause 46 (Compensation on Termination) and Section 5 (General) of Schedule Part 17 (Compensation on Termination) shall apply mutatis mutandis subject to any reference to the Termination Date in this Agreement shall be deemed to be the date on which the Funders' Direct Agreement was declared unenforceable in accordance with the provisions of this paragraph 1; and, the Parties agree that such provisions shall be deemed to be relevant discharge terms for the purposes of section 6(2) of the Local Government (Contracts) Act 1997 (the "Relevant D...
Relevant Discharge Terms. 9.3.1 The relevant discharge terms within the meaning of Section 6 of the Local Government (Contracts) Xxx 0000 are set out in Clause 80 (Compensation on Termination).
Relevant Discharge Terms. The Relevant Discharge Terms set out in Schedule 10 (Relevant Discharge Terms) shall apply if this Contract is held to be ultra xxxxx in any proceedings further to a JR Challenge or an Audit Challenge.
Relevant Discharge Terms. 1. The sums referred to in paragraph 2.1 and the adjustment between the parties of the rights and liabilities relating to the Assets referred to in paragraph 2 shall be the relevant discharge terms in relation to this Agreement and/or the Direct Agreement for the purposes of section 6 of the Local Government (Contracts) Act 1997.
Relevant Discharge Terms. The relevant discharge terms within the meaning of Section 6 of the Local Government (Contracts) Act 1997 are set out in Schedule 12 (Relevant Discharge Terms). The Parties acknowledge that the legal status of the School Entitles may change during the Contract Period and the Contractor agrees that any such change in legal status shall not in itself be capable of giving rise to (i) an Authority Default or (ii) a claim that the Authority has breached any term of this Agreement. GOVERNING LAW AND JURISDICTION TheThis Agreement and any non-contractual obligation arising out of or in connection with this Agreement shall be governed by and construed in all respects in the accordance with the laws of England and Wales. Subject to clause 68 (Dispute Resolution), the English Courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement. SOLE REMEDY Common Law Rights for the Contractor
Relevant Discharge Terms. In the event of the making of a determination or order by a court of final jurisdiction on an application for judicial review or audit review (within the meaning of the Local Government (Contracts) Act 1997) the result of which is that this Contract does not have effect or is otherwise unenforceable, then the Service Provider shall be entitled to be paid by the Authority the sum equivalent to the Authority Default Termination Sum. The Authority shall pay the Authority Default Termination Sum in accordance with paragraph 5 of Section 8 (Method of Payment).
Relevant Discharge Terms. 77.1 The Relevant Discharge Terms set out in Schedule 19 (Relevant Discharge Terms) shall apply in the event that this Contract is held to be ultra xxxxx in any proceedings for judicial review or audit review.
Relevant Discharge Terms. 80.6.1 In the event of the making of a determination or order by a court of final jurisdiction on an application for judicial review or audit review (within the meaning of the Local Government (Contracts) Act 1997) the result of which is that this Contract does not have effect or is otherwise unenforceable, then the Service Provider shall be entitled to be paid by the Authority the sum equivalent to the Authority Default Termination Sum.
Relevant Discharge Terms. The sums referred to in paragraph 2.1 and the adjustment between the Parties of the rights and liabilities relating to the Assets referred to in paragraph 2 shall be the relevant discharge terms in relation to this Agreement for the purposes of Section 6 of the Local Government (Contracts) Act 1997. In the event of the making of a determination or order by a court [of final jurisdiction/no right of appeal remaining] on an application for judicial review or audit review (within the meaning of the Local Government (Contracts) Act 1997), the result of which is that this Agreement does not have effect or is otherwise unenforceable, then: the Contractor shall be entitled to be paid by the Authority the sum which is the sum equivalent to the amount of compensation payable by the Authority to the Contractor pursuant to clause 49 (Compensation on Termination for Authority Default); and the Authority shall have the option to require the Contractor to transfer its right, title and interest in and to the Assets to the Authority or as directed by the Authority. The Authority shall pay to the Contractor the sums referred to in paragraph 2 above within forty (40) Business Days of the determination or order of the court referred to in paragraph 2 above and the provisions of clause 55 (Miscellaneous Compensation Provisions) shall apply in respect of such sums. SCHEDULE 13 TITLE MATTERS
