Repayment of Grant. The parties acknowledge and agree that notwithstanding any other term of this Agreement: the Recovery Determination has effect (mutatis mutandis) in respect of grant paid under this Agreement and that each party has the respective rights and obligations described in such determination; for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and on the occurrence of a Relevant Event the Grant Recipient must recycle or repay (as applicable) the Capital Grant Recoverable in each case in accordance with the terms of the Recovery Determination. Without prejudice to any other term of this Agreement, Homes England reserves the right whether following termination of this Agreement or otherwise (which right the Grant Recipient expressly acknowledges and agrees) at its discretion to recover from the Grant Recipient the Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Clause 18.3 (Repayment of Grant) (the Recoverable Amount) in circumstances where: a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; the relevant Tranche has been paid to the Grant Recipient on the basis of a misrepresentation made by or on behalf of the Grant Recipient other than in the circumstances specified in Clause 18.2.5 (Repayment of Grant); Homes England has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant Recipient; a Balancing Sum has arisen; the Final Tranche has been paid to the Grant Recipient but Homes England becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient has failed to Deliver the relevant Firm Scheme in accordance with the agreed Firm Scheme Details; the Grant Recipient has breached its obligations under any of Clauses 10 (Delivery Obligations), Clause 11 (Operational Obligations) or Clause 12 (Review, Monitoring and Reporting); a Scheme Termination Event has occurred; a Total Termination Event has occurred; Homes England has exercised its rights under:
(a) Clause 17.1.1 (Withholding of Grant) (and the GW1 Failure has not been remedied within the period prescribed in Clause 17.1.1(b) (Withholding of Grant)); or
(b) Clause 17.1.2 (Withholding of Grant); Homes England has exercised its rights under or Clause 17.1.3 (Withholding of Grant); Homes England has exercised its rights under:...
Repayment of Grant. 17.1 Without prejudice to any other term of this Agreement, the Agency reserves the right whether following termination of this Agreement or otherwise (which right the Grant Recipient expressly acknowledges and agrees) at its discretion to recover from the Grant Recipient the Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Condition 17.2 (Repayment of Xxxxx) (the Recoverable Amount) in circumstances where:
17.1.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act;
17.1.2 the relevant Tranche has been paid to the Grant Recipient on the basis of a misrepresentation made by or on behalf of the Grant Recipient other than in the circumstances specified in Condition 17.1.5 (Repayment of Xxxxx);
17.1.3 the Agency has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant Recipient;
17.1.4 a Balancing Sum has arisen;
17.1.5 the relevant Tranche has been paid to the Grant Recipient but the Agency becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient has failed to deliver the relevant Firm Scheme in accordance with the agreed Firm Scheme Details;
17.1.6 the Grant Recipient has breached its obligations under any of Conditions 9 (Delivery Obligations), Condition 10 (Operational Obligations) or Condition 11 (Review, Monitoring and Reporting);
17.1.7 a Scheme Termination Event has occurred;
17.1.8 a Total Termination Event has occurred;
17.1.9 the Agency has exercised its rights under:
(a) Condition 16.1.1 (Withholding of Grant) (and the GW1 Failure has not been remedied within the period prescribed in Condition 16.1.1(b) (Withholding of Grant)); or
(b) Condition 16.1.2(
Repayment of Grant. The Parties acknowledge and agree that notwithstanding any other term of this Agreement:
Repayment of Grant. The Grant Recipient must pay the Recoverable Amount to Homes England within ten (10) Business Days of demand together with interest at two per centum (2%) above the base rate from time to time of the Royal Bank of Scotland plc such interest to run from the date upon which the Firm Scheme Grant (or relevant part thereof), overpayment or payment in error was paid to the Grant Recipient until the date upon which Homes England receives the repayment required from the Grant Recipient under this Clause 18 (Repayment of Grant). The Grant Recipient acknowledges and agrees that the disposal or letting of an AHP Dwelling to any person for any purpose other than the relevant Agreed Purpose constitutes a failure to comply with a condition attached to the making of Capital Grant for the purposes of paragraph 7(e) of the Recovery Determination. The parties acknowledge that the Late Payment of Commercial Debts (Interest) Act 1998 does not apply to this Agreement. Notwithstanding any other term of this Clause 18 (Repayment of Grant), where a payment has been made following an administrative error by Homes England (for which the Grant Recipient was not responsible), the Grant Recipient shall not be liable for interest on the amount repayable under Clause 18.5 (Repayment of Grant).
Repayment of Grant. 8.1. Without prejudice to any other term of this Agreement, the Council reserves the right to recover from the Grant Recipient the Grant or such part thereof as is determined in accordance with clause 8.2 (the “Recoverable Amount”) in circumstances where:
8.1.1. the Agreement is terminated in accordance with the provisions of Clause 15 (Termination);
8.1.2. the Grant has been paid to the Grant Recipient on the basis of a misrepresentation made by or on behalf of the Grant Recipient;
8.1.3. the Grant has been paid to the Grant Recipient but the Council becomes aware that the Affordable Housing Units are not fit for the Agreed Purposes and cannot reasonably be used for its Agreed Purposes;
8.1.4. disposal of the Affordable Housing Units in whole or in part by the Grant Recipient to another party for any use other than the Agreed Purposes and/or where the other party does not enter into a nominations agreement with the Council on substantially the same terms as the Nominations Agreement or otherwise on terms satisfactory to the Council;
8.1.5. the Affordable Housing Units are not completed by the Longstop Date;
8.1.6. the Grant paid by the Council is greater than the total qualifying grant proportion of the actual Total Development Costs; or
8.1.7. the Council has made an overpayment or has made a payment in error to the Grant Recipient;
8.1.8. The affordable housing unit tenant exercises any statutory right to buy or equivalent right to acquire ownership of the affordable housing unit.
8.2. In the circumstances set out in:
8.2.1. Clauses 8.1.1 to 8.1.5 the Recoverable Amount shall be a sum equivalent to the proportion of Grant paid to the Grant Recipient;
8.2.2. Clauses 8.1.6 or 8.1.7, the Recoverable Amount shall be a sum equal to the amount of the overpayment, the sum paid in error or the difference between the amount of the Grant actually paid (together with any grant funding provided by other public bodies) and the Development Costs;
8.2.3. Clauses 8.1.8, the Recoverable Amount shall be a sum calculated using the formula A/B x C where A is the number of habitable rooms in the affordable housing unit sold, B is the total number of habitable rooms in the Project delivered with the Grant and C is the total amount of Grant paid to the Grant Recipient for the Project.
8.3. The Grant Recipient shall pay the Recoverable Amount to the Council within twenty one (21) Business Days of demand together with interest at two per centum (2%) above the base rate from tim...
Repayment of Grant. The parties acknowledge and agree that notwithstanding any other term of this Agreement: the Recovery Determination has effect (mutatis mutandis) in respect of grant paid under this Agreement and that each party has the respective rights and obligations described in such determination; for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and on the occurrence of a Relevant Event the Grant Recipient must recycle or repay (as applicable) the Capital Grant Recoverable in each case in accordance with the terms of the Recovery Determination. Without prejudice to any other term of this Agreement, the GLA reserves the right whether following termination of this Agreement or otherwise (which right the Grant Recipient expressly acknowledges and agrees) at its discretion to recover from the Grant Recipient such sum or such part or aggregation thereof as is determined in accordance with Condition 18.3 (the Recoverable Amount) in circumstances where: the relevant Tranche has been paid to the Grant Recipient or RCGF Funds have been applied to the Named Project on the basis of a misrepresentation made by or on behalf of the Grant Recipient other than in the circumstances specified in Condition 18.2.3; the Grant Recipient has breached its obligations under any of Conditions 10, 10.512, or 20;
Repayment of Grant. The Grant Recipient must pay the Recoverable Amount to Homes England within ten (10) Business Days of demand together with interest at two per centum (2%) above the base rate from time to time of the Royal Bank of Scotland plc such interest to run from the date upon which the Capital Firm Scheme Grant (or relevant part thereof) overpayment or payment in error was paid to the Grant Recipient until the date upon which Homes England receives the repayment required from the Grant Recipient under this Clause 23 (Repayment of Grant).
Repayment of Grant. 11.1 If any part of the Grant is spent by the Council to meet costs and/ or expenses which are not Eligible Expenditure, the Funder may seek repayment of such part of the Grant and the Council must repay that portion of the Grant as soon as practicable.
Repayment of Grant. 5.1 If at any time:
5.1.1 The Association applies the Grant for any other purpose other than to contribute towards the cost of the Works
5.1.2 The Association uses the Premises or permits the Premises to be used other than an extra care scheme for older people
5.2 Then the Council may at its absolute discretion on giving notice to the Association require the association to immediately pay to the Council an amount equal to the Grant that has been paid to the Association
