Repayment of ARENA Funding. 34.1 Notwithstanding anything else in this Agreement, ARENA may recover some or all of the ARENA Funding from the Recipient (as a debt due and payable on demand in accordance with clause 34.3) in the circumstances and to the extent specified below:
Repayment of ARENA Funding. Notwithstanding anything else in this Agreement, ARENA may recover some or all of the ARENA Funding from the Recipient (as a debt due and payable on demand in accordance with clause 30.3) in the circumstances and to the extent specified below: (misspent funds): the amount of any ARENA Funding which, in ARENA's opinion, acting reasonably, and at any time, has been spent or used other than in accordance with this Agreement; (unspent funds): the full amount of any ARENA Funding which has not been spent or Legally Committed by the Recipient as at the End Date; or any amount of ARENA Funding which has been paid to the Recipient and not been spent or Legally Committed by the Recipient as at a due date for payment of further ARENA Funding in accordance with this Agreement; (Abandoned Project): an amount equal to all ARENA Funding paid to the Recipient if the Recipient has Abandoned the Project (whether or not ARENA has terminated this Agreement in accordance with clause 27.1(a)) and does not resume performance within 10 Business Days after receiving notice requiring it to do so or, otherwise within that timeframe, demonstrate to ARENA's satisfaction (acting reasonably) that there are reasonable technical grounds for having Abandoned the Project;
Repayment of ARENA Funding. Notwithstanding anything else in this Agreement, ARENA may recover some or all of the ARENA Funding from the Recipient (as a debt due and payable on demand) in the circumstances and to the extent specified below: (misspent funds): the amount of any ARENA Funding which, in ARENA's opinion (acting reasonably) and at any time, has been spent or used other than in accordance with this Agreement; (unspent funds): the full amount of any ARENA Funding which has not been spent or Legally Committed by the Recipient as at the End Date; or the amount of any ARENA Funding in excess of the amount identified in item 13 of the Project Details, which has been paid to the Recipient and not been spent or Legally Committed by the Recipient as at a due date for payment of further ARENA Funding in accordance with this Agreement; (Abandoned Project): an amount equal to all ARENA Funding paid to the Recipient if the Recipient Abandons the Project (whether or not ARENA has terminated this Agreement in accordance with clause 23.1(a)), and does not resume performance within 10 Business Days after receiving notice requiring it to do so or otherwise within that timeframe demonstrate to ARENA's satisfaction (acting reasonably) that there are reasonable technical grounds for abandoning the Project; (Recipient Contributions and Other Contributions not used): if, as at the End Date, Recipient Contributions or Other Contributions have not been provided and used for the Project, an amount that represents the same proportion of the ARENA Funding as the Recipient Contributions and Other Contributions which have not been provided and used are of the total Recipient Contributions and Other Contributions; (Material Breach): an amount equal to all ARENA Funding paid to the Recipient if the Recipient commits a Material Breach (other than an Insolvency Event) and ARENA terminates this Agreement under clause 23.1(a); (Change in Control): an amount equal to all ARENA Funding paid to the Recipient if ARENA terminates this Agreement under clause 23.1(c); or (Insolvency Event): an amount equal to all ARENA Funding paid to the Recipient if an Insolvency Event occurs in respect of the Recipient and ARENA has terminated this Agreement in accordance with clause 23.1(d). Where ARENA gives the Recipient a repayment notice requiring the Recipient to repay to ARENA an amount which ARENA is entitled to recover under clause 25.1, the Recipient must, within 20 Business Days of the date of the repayment notice, re...
