Common use of Repayment of Grant Clause in Contracts

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:

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 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 the Firm Scheme Grant such sum or such part or aggregation thereof as is determined in accordance with Clause Condition 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 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 Clause 18.2.5 (Repayment of Grant)Condition 18.2.3; Homes England the GLA has made an overpayment in relation to a Firm Scheme Named Project or has made a payment in error to the Grant Recipient; a Balancing Sum has arisen; the Final relevant Tranche has been paid to the Grant Recipient or RCGF Funds have been applied to the Named Project but Homes England the GLA becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient has failed to Deliver deliver the relevant Firm Scheme Named Project in accordance with the agreed Firm Scheme Named Project Details; the Grant Recipient has breached its obligations under any of Clauses 10 (Delivery Obligations)Conditions 10, Clause 11 (Operational Obligations) 10.512, 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:20;

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 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 the Firm Scheme Grant such sum or such part or aggregation thereof as is determined in accordance with Clause Condition 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 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 Clause 18.2.5 (Repayment of Grant)Condition 18.2.3; Homes England the GLA has made an overpayment in relation to a Firm Scheme Named Project or has made a payment in error to the Grant Recipient; a Balancing Sum has arisen; the Final relevant Tranche has been paid to the Grant Recipient or RCGF Funds have been applied to the Named Project but Homes England the GLA becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient has failed to Deliver deliver the relevant Firm Scheme Named Project in accordance with the agreed Firm Scheme Named Project Details; the Grant Recipient has breached its obligations under any of Clauses 10 (Delivery Obligations)Conditions 10, Clause 11 (Operational Obligations) 12, 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:20;

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 10.1.4 (procure that prior to any AHP Dwelling comprised in such Firm Scheme being occupied, all certification required in respect of the Firm Scheme (or any part thereof) is obtained (including certification that such AHP Dwelling has passed "Gateway 3" when implemented) under any building safety legislation arising out of the Building Safety Xxxx 2021; and where any AHP Dwelling forms part of a building that is above either 18 metres or 7 storeys in height (whichever is the lower), register as a signatory to the Building a Safer Future Charter. 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:

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 Relevant Consortium Member 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 the GLA reserves the right whether following termination of this Agreement or otherwise (which right the Grant Recipient each Consortium Member expressly acknowledges and agrees) at its discretion to recover from the Grant Recipient the Firm Scheme Grant Relevant Consortium Member such sum or such part or aggregation thereof as is determined in accordance with Clause Condition 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 Lead Partner 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 Relevant Consortium Member other than in the circumstances specified in Clause 18.2.5 (Repayment of Grant)Condition 18.2.3; Homes England the GLA has made an overpayment in relation to a Firm Scheme Named Project or has made a payment in error to the Grant Recipient; a Balancing Sum has arisenLead Partner; the Final relevant Tranche has been paid to the Grant Recipient Lead Partner or RCGF Funds have been applied to the Named Project but Homes England the GLA becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient Relevant Consortium Member has failed to Deliver deliver the relevant Firm Scheme Named Project in accordance with the agreed Firm Scheme Named Project Details; the Grant Recipient Relevant Consortium Member has breached its obligations under any of Clauses 10 (Delivery Obligations)Conditions 10, Clause 11 (Operational Obligations) 12, 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:21;

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 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 the Firm Scheme Grant such sum or such part or aggregation thereof as is determined in accordance with Clause Condition 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 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 Clause 18.2.5 (Repayment of Grant)Condition 18.2.3; Homes England the GLA has made an overpayment in relation to a Firm Scheme Named Project or has made a payment in error to the Grant Recipient; a Balancing Sum has arisen; the Final relevant Tranche has been paid to the Grant Recipient or RCGF Funds have been applied to the Named Project but Homes England the GLA becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient has failed to Deliver deliver the relevant Firm Scheme Named Project in accordance with the agreed Firm Scheme Named Project Details; the Grant Recipient has breached its obligations under any of Clauses 10 (Delivery Obligations)Conditions 10, Clause 11 (Operational Obligations) 12, 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:20;

Repayment of Grant. ‌ The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 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; and for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and on . 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 Any failure by the Grant Recipient to comply with Condition 13.1 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. Where a Relevant Event occurs, written notification must be sent to Homes England’s Representative within 14 days of the Relevant Event occurring. 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 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) Condition 13.6 (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)Condition 13.5.5; 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 relevant 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 deliver or operate 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)Conditions 7.1, Clause 11 (Operational Obligations) 7.2, 7.5 or Clause 12 (Review, Monitoring and Reporting)7.8; the Grant Recipient is subject to a Section 15 Direction which has or will have a Material Adverse Effect; Not used; a Scheme Termination Event has occurred; a Total Termination Event the Start on Site Date (including the actions contemplated thereby) for the relevant Firm Scheme has occurred; not been achieved by 31 December 2020 (or such other date as Homes England may have, in its absolute discretion, agreed and confirmed in IMS); in relation to a L&R Scheme, the Grant Recipient’s lease is terminated or otherwise comes to an end prior to the date set out in the Firm Scheme Details for lease expiry; and/or revenue funding (in addition to the Tenancy Support Grant) is required to permit the Grant Recipient to provide the Tenancy Support Services in accordance with the terms of the Approved Bid and/or the Firm Scheme Details and such revenue funding ceases or becomes unavailable such that any Move On Dwellings are prevented from being used as Move On Housing. In the circumstances set out in: Conditions 13.5.1, 13.5.2, 13.5.6, 13.5.7, 13.5.9 or 13.5.12 the Recoverable Amount shall be a sum equivalent to the Firm Scheme Grant in respect of the Firm Scheme or Firm Schemes (as applicable) to which the relevant Recovery Event applies; Conditions 13.5.3 and 13.5.4, the Recoverable Amount shall be a sum equal to the amount of the overpayment, the sum paid in error or the Balancing Sum as applicable; Condition 13.5.5, subject always to Condition 13.7, the Recoverable Amount shall be determined in accordance with the following procedure: the parties (acting in good faith) shall seek to agree within fifteen (15) Business Days of the Non Compliance Notification Date a revised figure for the Firm Scheme Grant figure reflecting the changed nature of a delivered Firm Scheme as against that described in the Firm Scheme Details; where a revised figure for Firm Scheme Grant is agreed, the Recoverable Amount shall be the product of the following calculation: RA = FSG – RFSG where RA is the Recoverable Amount; FSG is the Firm Scheme Grant paid pursuant to Condition 11.1 in respect of the relevant Firm Scheme; and RFSG is the revised Firm Scheme Grant figure agreed pursuant to Condition 13.6.3(a); subject to Condition 24, the Grant Recipient shall amend the relevant information on IMS in respect of the relevant Firm Scheme to reflect the agreement made pursuant to Condition (a); where the parties are unable to agree a revised Firm Scheme Grant figure in accordance with Condition 13.6.3(a) Homes England shall be entitled to exercise its termination rights under Condition 5.3.3 and the Recoverable Amount shall be an amount equal to the Firm Scheme Grant paid pursuant to Condition 11.1 in respect of the relevant Firm Scheme; Under no circumstances will Homes England be required to make any payment to the Grant Recipient if the application of the calculation in Condition 13.6.3(b) results in RA being a negative figure. Condition 13.5.10, the Recoverable Amount shall be a sum equivalent to the Acquisition Tranche Grant. Condition 13.5.11, the Recoverable Amount shall: where the Minimum Lease Duration has exercised its rights under:not been reached, be an amount equal to the Firm Scheme Grant paid pursuant to Condition 11.1 in respect of the relevant Firm Scheme; or where the Minimum Lease Duration has been achieved, be an amount equal to the product of the following calculation: RA = FSG – Utilised Grant where RA is the Recoverable Amount; FSG is the Firm Scheme Grant paid pursuant to Condition 11.1; Utilised Grant = (FSG/A) x B A is the Lease Period expressed as a number of months; and B is the number of complete months elapsed under the lease between the Start on Site Date and the Lease Termination Date.

Repayment of Grant. ‌ The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 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; and for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and on . 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 Any failure by the Grant Recipient to comply with Condition 13.1 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. Where a Relevant Event occurs, written notification must be sent to Homes England’s Representative within 14 days of the Relevant Event occurring. 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 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) Condition 13.6 (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)Condition 13.5.5; 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 relevant 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 deliver or operate 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)Conditions 7.1, Clause 11 (Operational Obligations) 7.2, 7.5 or Clause 12 (Review, Monitoring and Reporting)7.8; a Scheme Termination an Insolvency Event has occurredoccurred in relation to the Grant Recipient; a Total Termination Event has occurred; Homes England has exercised its rights under:Not used;

Repayment of Grant. ‌ The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 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; and for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and on . On the occurrence of a Relevant Event the Grant Recipient Relevant Consortium Member must recycle or repay (as applicable) the Capital Grant Recoverable in each case in accordance with the terms of the Recovery Determination Any failure by any Consortium Member to comply with Condition 13.1 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. Where a Relevant Event occurs, written notification must be sent to Homes England's Representative within 14 days of the Relevant Event occurring. 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 each Consortium Member expressly acknowledges and agrees) at its discretion to recover Recover from the Grant Recipient Relevant Consortium Member the Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Clause 18.3 (Repayment of Grant) Condition 13.6 (the Recoverable Amount) in circumstances where: a Prohibited Act has occurred and the Grant Recipient Relevant Consortium Member has not satisfied the Waiver Condition in respect of such Prohibited Act; the relevant Tranche has been paid to the Grant Recipient Lead Partner on the basis of a misrepresentation made by or on behalf of the Grant Recipient Relevant Consortium Member other than in the circumstances specified in Clause 18.2.5 (Repayment of Grant)Condition 13.5.5; Homes England has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant RecipientLead Partner; a Balancing Sum has arisen; the Final relevant Tranche has been paid to the Grant Recipient Lead Partner but Homes England becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient Relevant Consortium Member has failed to Deliver deliver or operate the relevant Firm Scheme in accordance with the agreed Firm Scheme Details; the Grant Recipient Relevant Consortium Member has breached its obligations under any of Clauses 10 (Delivery Obligations)Conditions 7.1, Clause 11 (Operational Obligations) 7.2, 7.5 or Clause 12 (Review, Monitoring 7.8; an Insolvency Event has occurred in relation to the Relevant Consortium Member which is an RP Provider; the Relevant Consortium Member is an LA Provider and Reporting)is subject to a Section 15 Direction which has or will have a Material Adverse Effect; a Scheme Termination Event has occurred; a Total Termination Event the Start on Site Date (including the actions contemplated thereby) for the relevant Firm Scheme has occurred; not been achieved by 31 December 2020 (or such other date as Homes England may have, in its absolute discretion, agreed and confirmed in IMS); in relation to a L&R Scheme, the Relevant Consortium Member's lease is terminated or otherwise comes to an end prior to the date set out in the Firm Scheme Details for lease expiry; and/or revenue funding (in addition to the Tenancy Support Grant) is required to permit the Relevant Consortium Member to provide the Tenancy Support Services in accordance with the terms of the Approved Bid and/or the Firm Scheme Details and such revenue funding ceases or becomes unavailable such that any Move On Dwellings are prevented from being used as Move On Housing. In the circumstances set out in: Conditions 13.5.1, 13.5.2, 13.5.6, 13.5.7 to 13.5.9 (inclusive) or 13.5.12 the Recoverable Amount shall be a sum equivalent to the Firm Scheme Grant in respect of the Firm Scheme or Firm Schemes (as applicable) to which the relevant Recovery Event applies; Conditions 13.5.3 and 13.5.4, the Recoverable Amount shall be a sum equal to the amount of the overpayment, the sum paid in error or the Balancing Sum as applicable; Condition 13.5.5, subject always to Condition 13.7, the Recoverable Amount shall be determined in accordance with the following procedure: the Relevant Consortium Member and Homes England (acting in good faith) shall seek to agree within fifteen (15) Business Days of the Non Compliance Notification Date a revised figure for the Firm Scheme Grant figure reflecting the changed nature of a delivered Firm Scheme as against that described in the Firm Scheme Details; where a revised figure for Firm Scheme Grant is agreed, the Recoverable Amount shall be the product of the following calculation: RA = FSG – RFSG where RA is the Recoverable Amount; FSG is the Firm Scheme Grant paid pursuant to Condition 11.1 in respect of the relevant Firm Scheme; and RFSG is the revised Firm Scheme Grant figure agreed pursuant to Condition 13.6.3(a); and the Relevant Consortium Member shall notify the Lead Partner of the agreed revised Firm Scheme Grant figure and the Lead Partner shall promptly amend the Firm Scheme Details accordingly on IMS; subject to Condition 24, the Relevant Consortium Member shall amend the relevant information on IMS in respect of the relevant Firm Scheme to reflect the agreement made pursuant to Condition (a); where the Relevant Consortium Member and Homes England are unable to agree a revised Firm Scheme Grant figure in accordance with Condition 13.6.3(a) Homes England shall be entitled to exercise its termination rights under Condition 5.3.3 and the Recoverable Amount shall be an amount equal to the Firm Scheme Grant paid pursuant to Condition 11.1 in respect of the relevant Firm Scheme; Under no circumstances will Homes England be required to make any payment to the Relevant Consortium Member if the application of the calculation in Condition 13.6.3(b) results in RA being a negative figure. Condition 13.5.10, the Recoverable Amount shall be a sum equivalent to the Acquisition Tranche Grant. Condition 13.5.11, the Recoverable Amount shall: where the Minimum Lease Duration has exercised its rights under:not been reached, be an amount equal to the Firm Scheme Grant paid pursuant to Condition 11.1 in respect of the relevant Firm Scheme; or where the Minimum Lease Duration has been achieved, be an amount equal to the product of the following calculation: RA = FSG – Utilised Grant where RA is the Recoverable Amount; FSG is the Firm Scheme Grant paid pursuant to Condition 11.1; Utilised Grant = (FSG/A) x B A is the Lease Period expressed as a number of months; and B is the number of complete months elapsed under the lease between the Start on Site Date and the Lease Termination Date.

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 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 the Firm Scheme Grant such sum or such part or aggregation thereof as is determined in accordance with Clause Condition 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 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 Clause 18.2.5 (Repayment of Grant)Condition 18.2.3; Homes England the GLA has made an overpayment in relation to a Firm Scheme Named Project or has made a payment in error to the Grant Recipient; a Balancing Sum has arisen; the Final relevant Tranche has been paid to the Grant Recipient or RCGF Funds have been applied to the Named Project but Homes England the GLA becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient has failed to Deliver deliver the relevant Firm Scheme Named Project in accordance with the agreed Firm Scheme Named Project Details; the Grant Recipient has breached its obligations under any of Clauses 10 (Delivery Obligations)Conditions 10, Clause 11 (Operational Obligations) 10.512, 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:20;