Repayment of Xxxxx. 16.1 The parties acknowledge and agree that notwithstanding any other term of this Agreement:
16.1.1 the TP Funding Requirement applies and pursuant to such requirement:
(a) 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;
(b) for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and
(c) 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.
16.2 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 16.3 (Repayment of Grant) (the Recoverable Amount) in circumstances where:
16.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act;
16.2.2 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 Clause 16.2.5 (Repayment of Xxxxx);
16.2.3 Homes England has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant Recipient;
16.2.4 a Balancing Sum has arisen;
16.2.5 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;
16.2.6 the Grant Recipient has breached its obligations under any of Clauses 8 (Delivery Obligations), Clause 9 (Operational Obligations) or Clause 10 (Review, Monitoring and Reporting);
16.2.7 a Scheme Termination Event has occurred;
16.2.8 a Total Termination Event has occurred;
Repayment of Xxxxx. The Developer 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, such interest to run from the date upon which the Firm Scheme Grant (or relevant part thereof) overpayment or payment in error (as applicable) was paid to the Developer until the date upon which Homes England receives the repayment required from the Developer under this Clause 15 (Repayment of Xxxxx).
Repayment of Xxxxx. 13.1 The parties acknowledge and agree that:
13.1.1 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
13.1.2 for the purposes of the Recovery Determination, the amount of "Capital Grant" referred to therein shall be determined by reference to the amount of Firm Scheme Grant allocated to the Relevant Firm Scheme pursuant to Condition 15 and not by reference to the Firm Scheme Grant paid pursuant to Condition 11.1.1 in respect of such scheme.
13.2 Without prejudice to any other term of this Agreement, the Agency reserves the right whether following termination of this Agreement or otherwise (which right each Consortium Member expressly acknowledges and agrees) to recover from the Relevant Consortium Member the Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Condition 13.3 (the Recoverable Amount) in circumstances where:
13.2.1 a Prohibited Act has occurred and the Relevant Consortium Member has not satisfied the Waiver Condition in respect of such Prohibited Act;
13.2.2 the Firm Scheme Grant has been paid to the Lead Partner on the basis of a misrepresentation made by or on behalf of the Relevant Consortium Member other than in the circumstances specified in Condition 13.2.5;
13.2.3 the Agency has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Lead Partner;
13.2.4 a Balancing Sum has arisen; or
13.2.5 the Firm Scheme Xxxxx has been paid to the Lead Partner but the Agency becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Relevant Consortium Member has failed to deliver the relevant Firm Scheme in accordance with the agreed Firm Scheme Details.
13.3 In the circumstances set out in:
Repayment of Xxxxx.
13.1 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 the such sum or such part or aggregation thereof as is determined in accordance with Condition 13.2 (the Recoverable Amount) in circumstances where:
13.1.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act;
13.1.2 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 13.1.4;
13.1.3 the GLA has made an overpayment in relation to a Named Project or has made a payment in error to the Grant Recipient;
13.1.4 the relevant Tranche has been paid to the Grant Recipient but the GLA becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient has failed to deliver or operate the relevant Named Project in accordance with the agreed Named Project Details; or
13.1.5 the Grant Recipient has breached its obligations under Conditions 3, 7 or 15,
13.1.6 an event occurs pursuant to which:
(a) this Agreement may be terminated pursuant to Conditions 5.4.1 or 5.4.2; or
(b) this Agreement may be terminated in relation to a particular Named Project pursuant to Condition 5.4.3.
13.2 In the circumstances set out in:
13.2.1 Conditions 13.1.1 and 13.1.6
(a) the Recoverable Amount shall be the sum equivalent to the total amount of Named Project Grant paid to the Grant Recipient under this Agreement;
13.2.2 Conditions 13.1.2, 13.1.5 or 13.1.6(b) the Recoverable Amount shall be a sum equivalent to the Named Project Grant for any affected Named Project;
13.2.3 Conditions 13.1.3 the Recoverable Amount shall be a sum equal to the amount of the overpayment or the sum paid in error as applicable;
13.2.4 Condition 13.1.4, subject always to Condition 13.3, the Recoverable Amount shall be determined in accordance with the following procedure:
(a) 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 Named Project Grant figure reflecting the changed nature of the delivered Named Project as against that described in Named Project Details;
(b) where a revised figure for Na...
Repayment of Xxxxx. The Recipient agrees that on receipt of notice requiring repayment of the Grant (or any part of it) the Recipient shall make such repayment within 20 Working Days of receipt of such notice. The Recipient will pay on demand interest at a rate of 12% per annum on any such repayments which are in arrears calculated form the due date for payment to the date of actual payment. All repayments shall be made without set-off or deduction.
Repayment of Xxxxx. The Relevant Consortium Member must pay the Recoverable Amount to the Agency 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 Lead Partner until the date upon which the Agency receives the repayment required from the Relevant Consortium Member under this Condition 17 (Repayment of Xxxxx).
Repayment of Xxxxx. (a) Where the Authority requires the Recipient to repay any amount of Grant, the Recipient shall repay the amount concerned in accordance with clause 20.
Repayment of Xxxxx. 23.1 The Parties acknowledge and agree that notwithstanding any other term of this Agreement:
23.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of Capital Grant paid under this Agreement and that each Party has the respective rights and obligations described in such determination;
23.1.2 for the purposes of the Recovery Determination, the terms of this Agreement represent the conditions attached to the making of Capital Grant; and
23.1.3 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
Repayment of Xxxxx. Any portion of the Grant which has not been expended by the end of the Funding Period will be retained by UniSA and allocated to other projects funded by the R&D Voucher Scheme. If you fail to comply with this Agreement at any time, UniSA may: • require you to repay either the whole or a portion of the Grant (whether expended or not) within 14 days of a written demand from UniSA; • withhold funds not already paid; • withhold future grants from you; and/or • terminate this Agreement . UniSA will need to be satisfied you are using the Grant for the Purpose and you are complying with this Agreement, and will need to be able to make an informed assessment of your ongoing financial position and of the overall effectiveness of the Grant. To enable this, you must provide any information requested by UniSA or its auditors or financial advisers {including documents, records, management accounts, financial statements, annual reports, and the information and reports listed under the section entitled 'Reports and Information' in Attachment 1). In addition, you must provide timely advice to UniSA of: • any significant changes to the nature and/or scope of the activities conducted by you; or • any change to the Purpose.
Repayment of Xxxxx. The parties acknowledge and agree that:
