Common use of Repayment of Xxxxx Clause in Contracts

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. 16.1 23.1 The parties 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) 23.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of grant Capital Grant paid under this Agreement and that each party Party has the respective rights and obligations described in such determination; (b) 23.1.2 for the purposes of the Recovery Determination Determination, the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 23.1.3 on the occurrence of a Relevant Event 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 DeterminationDetermination and any applicable requirements of Section 4.10 (Single Homelessness Accommodation Programme) of the Chapter of the Capital Funding Guide entitled "Specialist Homes". 16.2 23.2 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 Capital Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Clause 16.3 23.3 (Repayment of Grant) (the Recoverable Amount) in circumstances where: 16.2.1 23.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 23.2.2 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 23.2.5 (Repayment of Xxxxx); 16.2.3 23.2.3 Homes England has made an overpayment in relation to a Capital Firm Scheme or has made a payment in error to the Grant Recipient; 16.2.4 23.2.4 a Balancing Sum has arisen; 16.2.5 23.2.5 the Final relevant Tranche has been paid to the Grant Recipient but Homes England becomes aware (whether following the submission of a Capital SOGU or completion of a Compliance Audit or otherwise) that the Grant Recipient has failed to Deliver the relevant Capital Firm Scheme in accordance with the agreed Capital Firm Scheme Details; 16.2.6 23.2.6 the Grant Recipient has breached its obligations under any of Clauses 8 12 (Delivery Obligations), Clause 9 14 (Operational Obligations) or Clause 10 15 (Review, Monitoring and Reporting); 16.2.7 23.2.7 a Scheme Termination Event has occurred; 16.2.8 23.2.8 a Total Termination Event has occurred;

Repayment of Xxxxx. 16.1 14.1 The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 16.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) 14.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of all grant funding paid to the Grant Recipient under this Agreement and that each party has the respective rights and obligations described in such determinationAgreement; (b) 14.1.2 for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 14.1.3 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 the terms of the Recovery Determination. 16.2 14.2 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 16.3 (Repayment of Grant) Condition 14.3 (the Recoverable Amount) in circumstances where: 16.2.1 14.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 14.2.2 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)Condition 14.2.4; 16.2.3 Homes England 14.2.3 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; 16.2.4 a Balancing Sum has arisen; 16.2.5 14.2.4 the Final Tranche Named Project Grant has been paid to the Grant Recipient 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; 16.2.6 14.2.5 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)Condition 8; 16.2.7 14.2.6 the Grant Recipient is subject to a Scheme Section 15 Direction or a Section 114 Report which has or will have a Material Adverse Effect; 14.2.7 a Partial Termination Event has occurred; 16.2.8 14.2.8 a Total Termination Event has occurred; 14.2.9 an Estate Regeneration Default has occurred; or 14.2.10 the Acquisition Tranche Grant has been paid to the Grant Recipient pursuant to Condition 10.1 but the Grant Recipient has not achieved Start on Site by the Start on Site Date. 14.3 In the circumstances set out in: 14.3.1 any of Conditions 14.2.1, 14.2.6 or 14.2.8 the Recoverable Amount shall be a sum equivalent to the aggregate of all Named Project Grant paid to the Grant Recipient under or in connection with this Agreement; 14.3.2 any of Conditions 14.2.2, 14.2.5, 14.2.7, 14.2.9 or 14.2.10 the Recoverable Amount shall be a sum equivalent to any Named Project Grant paid in respect of any affected Named Project;

Repayment of Xxxxx. 16.1 14.1 The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 16.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) 14.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of all grant funding paid to the Grant Recipient under this Agreement and that each party has the respective rights and obligations described in such determinationAgreement; (b) 14.1.2 for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 14.1.3 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 the terms of the Recovery DeterminationDetermination and paragraph 6.6.1 of Chapter 6 of the Affordable Housing Capital Funding Guide. 16.2 14.2 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 16.3 (Repayment of Grant) Condition 14.3 (the Recoverable Amount) in circumstances where: 16.2.1 14.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 14.2.2 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)Condition 14.2.4; 16.2.3 Homes England 14.2.3 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; 16.2.4 a Balancing Sum has arisen; 16.2.5 14.2.4 the Final Named Project Grant or any Tranche thereof has been paid to the Grant Recipient but Homes England the GLA becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient has failed or is (in the GLA's opinion) likely to Deliver fail to deliver the relevant Firm Scheme Named Project in accordance with the agreed Firm Scheme Named Project Details; 16.2.6 14.2.5 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)Condition 8; 16.2.7 14.2.6 the Grant Recipient is subject to a Scheme Section 15 Direction or a Section 114 Report which has or will have a Material Adverse Effect; 14.2.7 a Partial Termination Event has occurred; 16.2.8 14.2.8 a Total Termination Event has occurred; 14.2.9 an Estate Regeneration Default has occurred; 14.2.10 a Use Termination Event has occurred; 14.2.11 the number of RHP Dwellings Delivered in a Named Project is less than the number of RHP Dwellings set out in the Named Project Details; 14.3 In the circumstances set out in: 14.3.1 any of Conditions 14.2.1, 14.2.6 or 14.2.8 the Recoverable Amount shall be a sum equivalent to the aggregate of all Named Project Grant paid to the Grant Recipient under or in connection with this Agreement; 14.3.2 any of Conditions 14.2.2, 14.2.5, 14.2.7 or 14.2.9 the Recoverable Amount shall be a sum equivalent to the Named Project Grant for any affected Named Project;

Repayment of Xxxxx. 16.1 ‌ 15.1 The parties acknowledge and agree that notwithstanding any other term of this Agreement: 16.1.1 15.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) the URB Recovery Determination has effect (mutatis mutandis) in respect of grant paid to the Developer under this Agreement and that each party has the respective rights and obligations described in such determination; (b) 15.1.2 for the purposes of the URB Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 15.1.3 on the occurrence of a Relevant Event the Grant Recipient Developer must recycle or repay (as applicable) the Capital Grant Recoverable in each case in accordance with the terms of the URB Recovery Determination. 16.2 15.2 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 Developer expressly acknowledges and agrees) at its discretion to recover from the Grant Recipient Developer the Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Clause 16.3 15.3 (Repayment of Grant) (the Recoverable Amount) in circumstances where: 16.2.1 15.2.1 a Prohibited Act has occurred and the Grant Recipient Developer has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 15.2.2 the relevant Tranche has been paid to the Grant Recipient Developer on the basis of a misrepresentation made by or on behalf of the Grant Recipient Developer other than in the circumstances specified in Clause 16.2.5 15.2.5 (Repayment of Xxxxx); 16.2.3 15.2.3 Homes England has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant RecipientDeveloper; 16.2.4 15.2.4 a Balancing Sum has arisen; 16.2.5 15.2.5 the Final relevant Tranche has been paid to the Grant Recipient Developer but Homes England becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient Developer has failed to Deliver the relevant Firm Scheme in accordance with the agreed Firm Scheme Details; 16.2.6 15.2.6 the Grant Recipient Developer in the opinion of Homes England (either by its own actions or omissions, or those of its contractors or agents) has breached caused or is likely to cause harm to Homes England's reputation or has brought or is likely to bring Homes England or the AHP 2021/26 into disrepute; 15.2.7 a Default Event has occurred and Homes England is entitled to terminate this Agreement pursuant to Clauses 5.4.1 (Default Events) or 5.4.2 (Default Events); 15.2.8 Start on Site (including the actions contemplated thereby) for the relevant Firm Scheme has not been achieved by 30 September 2025 or such later date as Homes England may in its obligations under any of Clauses 8 absolute discretion agree in IMS; 15.2.9 the Developer has failed to comply with Clause 4.6.1(c) (Delivery Obligations), Clause 9 (Operational ObligationsThe Guarantor and Alternative Security) or Clause 10 4.6.2(c) (ReviewThe Guarantor and Alternative Security) within 20 Business Days from the notice provided by Homes England pursuant to Clause 4.6.1(b) (The Guarantor and Alternative Security) or Clause 4.6.2(b) (The Guarantor and Alternative Security) (as applicable); or 15.3 In the circumstances set out in: 15.3.1 Clauses 15.2.1 (Repayment of Grant) or 15.2.2 (Repayment of Grant) or 15.2.6 (Repayment of Grant) or 15.2.7 (Repayment of Grant), Monitoring and Reporting)the Recoverable Amount shall be a sum equivalent to the Firm Scheme Grant paid with respect to any Firm Scheme deemed by Homes England (acting reasonably) to have been affected; 16.2.7 15.3.2 Clauses 15.2.3 (Repayment of Xxxxx) and 15.2.4 (Repayment of Grant), the Recoverable Amount shall be a Scheme Termination Event has occurredsum equal to the amount of the overpayment, the sum paid in error or the Balancing Sum as applicable; 16.2.8 a Total Termination Event has occurred;

Repayment of Xxxxx. 16.1 15.1 The parties acknowledge and agree that notwithstanding any other term of this Agreement: 16.1.1 15.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) the URB Recovery Determination has effect (mutatis mutandis) in respect of grant paid to the Developer under this Agreement and that each party has the respective rights and obligations described in such determination; (b) 15.1.2 for the purposes of the URB Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 15.1.3 on the occurrence of a Relevant Event the Grant Recipient Developer must recycle or repay (as applicable) the Capital Grant Recoverable in each case in accordance with the terms of the URB Recovery Determination. 16.2 15.2 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 Developer expressly acknowledges and agrees) at its discretion to recover from the Grant Recipient Developer the Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Clause 16.3 15.3 (Repayment of Grant) (the Recoverable Amount) in circumstances where: 16.2.1 15.2.1 a Prohibited Act has occurred and the Grant Recipient Developer has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 15.2.2 the relevant Tranche has been paid to the Grant Recipient Developer on the basis of a misrepresentation made by or on behalf of the Grant Recipient Developer other than in the circumstances specified in Clause 16.2.5 15.2.5 (Repayment of Xxxxx); 16.2.3 15.2.3 Homes England has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant RecipientDeveloper; 16.2.4 15.2.4 a Balancing Sum has arisen; 16.2.5 15.2.5 the Final relevant Tranche has been paid to the Grant Recipient Developer but Homes England becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient Developer has failed to Deliver the relevant Firm Scheme in accordance with the agreed Firm Scheme Details; 16.2.6 15.2.6 the Grant Recipient Developer (either by its own actions or omissions, or those of its contractors or agents) xxxxx Homes England's reputation or brings Homes England or the AHP 2021/26 into disrepute; 15.2.7 a Default Event has breached occurred and Homes England is entitled to terminate this Agreement pursuant to Clauses 5.4.1 (Default Events) or 5.4.2 (Default Events); 15.2.8 the Start on Site (including the actions contemplated thereby) for the relevant Firm Scheme has not been achieved by 30 September 2025 or such later date as Homes England may in its obligations under any of Clauses 8 absolute discretion agree in IMS; 15.2.9 the Developer has failed to comply with Clause 4.6.1(c) (Delivery Obligations), Clause 9 (Operational ObligationsThe Guarantor and Alternative Security) or Clause 10 4.6.2(c) (Review, Monitoring The Guarantor and ReportingAlternative Security) within 20 Business Days from the notice provided by Homes England pursuant to Clause 4.6.1(b) (The Guarantor and Alternative Security) or Clause 4.6.2(b) (The Guarantor and Alternative Security) (as applicable);; or 16.2.7 15.2.10 a Firm Scheme Termination Event has occurred;is withdrawn pursuant to Clause 12.5.2(b) (Payment of Grant) or Clause 12.5.3(b) (Payment of Xxxxx). 16.2.8 a Total Termination Event has occurred;15.3 In the circumstances set out in: 15.3.1 Clauses 15.2.1 (Repayment of Grant) or 15.2.2 (Repayment of Grant) or

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 GrantXxxxx) (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. 16.1 24.1 The parties 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) 24.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of grant Capital Grant paid under this Agreement and that each party Party has the respective rights and obligations described in such determination; (b) 24.1.2 for the purposes of the Recovery Determination Determination, the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 24.1.3 on the occurrence of a Relevant Event 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 DeterminationDetermination and any applicable requirements of Section 4.10 (Single Homelessness Accommodation Programme) of the Chapter of the Capital Funding Guide entitled "Specialist Homes". 16.2 24.2 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 each Consortium Member expressly acknowledges and agrees) at its discretion to recover from the Grant Recipient Relevant Consortium Member the Capital Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Clause 16.3 24.3 (Repayment of Grant) (the Recoverable Amount) in circumstances where: 16.2.1 24.2.1 a Prohibited Act has occurred and the Grant Recipient Relevant Consortium Member has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 24.2.2 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 16.2.5 24.2.5 (Repayment of Xxxxx); 16.2.3 24.2.3 Homes England has made an overpayment in relation to a Capital Firm Scheme or has made a payment in error to the Grant RecipientLead Partner; 16.2.4 24.2.4 a Balancing Sum has arisen; 16.2.5 24.2.5 the Final relevant Tranche has been paid to the Grant Recipient Lead Partner but Homes England becomes aware (whether following the submission of a Capital SOGU or completion of a Compliance Audit or otherwise) that the Grant Recipient Relevant Consortium Member has failed to Deliver the relevant Capital Firm Scheme in accordance with the agreed Capital Firm Scheme Details; 16.2.6 24.2.6 the Grant Recipient Relevant Consortium Member has breached its obligations under any of Clauses 8 13 (Delivery Obligations), Clause 9 15 (Operational Obligations) or Clause 10 16 (Review, Monitoring and Reporting); 16.2.7 24.2.7 a Scheme Termination Event has occurred; 16.2.8 24.2.8 a Total Termination Event has occurred; 24.2.9 Homes England has exercised its rights under: (a) Clause 23.1.1 (Withholding of Grant) (and the GW1 Failure has not been remedied within the period prescribed in Clause 23.1.1(b) (Withholding of Grant)); or (b) Clause 23.1.2 (Withholding of Grant); 24.2.10 Homes England has exercised its rights under Clause 23.1.3 (Withholding of Grant); 24.2.11 Homes England has exercised its rights under:

Repayment of Xxxxx. 16.1 14.1 The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 16.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) 14.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of all grant funding paid to the Grant Recipient under this Agreement and that each party has the respective rights and obligations described in such determinationAgreement; (b) 14.1.2 for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 14.1.3 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 the terms of the Recovery Determination. 16.2 14.2 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 16.3 (Repayment of Grant) Condition 14.3 (the Recoverable Amount) in circumstances where: 16.2.1 14.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 14.2.2 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)Condition 14.2.4; 16.2.3 Homes England 14.2.3 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; 16.2.4 a Balancing Sum has arisen; 16.2.5 14.2.4 the Final Tranche Named Project Grant has been paid to the Grant Recipient 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; 16.2.6 14.2.5 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)Condition 8; 16.2.7 14.2.6 an Insolvency Event has occurred in relation to the Grant Recipient; 14.2.7 a Scheme Partial Termination Event has occurred; 16.2.8 14.2.8 a Total Termination Event has occurred; 14.2.9 an Estate Regeneration Default has occurred; or 14.2.10 the Acquisition Tranche Grant has been paid to the Grant Recipient pursuant to Condition 10.1 but the Grant Recipient has not achieved Start on Site by the Start on Site Date. 14.3 In the circumstances set out in: 14.3.1 any of Conditions 14.2.1, 14.2.6 or 14.2.8 the Recoverable Amount shall be a sum equivalent to the aggregate of all Named Project Grant paid to the Grant Recipient under or in connection with this Agreement; 14.3.2 any of Conditions 14.2.2, 14.2.5, 14.2.7, 14.2.9 or 14.2.10 the Recoverable Amount shall be a sum equivalent to any Named Project Grant paid in respect of any affected Named Project;

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 12.1 Without prejudice to any other term of this Agreement, Homes England the Agency reserves the right whether following termination of this Agreement or otherwise (which right the Grant Recipient Developer expressly acknowledges and agrees) at its discretion to recover from the Grant Recipient Developer the Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Clause 16.3 (Repayment of Grant) Condition 12.2 (the Recoverable Amount) in circumstances where: 16.2.1 12.1.1 a Prohibited Act has occurred and the Grant Recipient Developer has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 12.1.2 the relevant Tranche Firm Scheme Grant has been paid to the Grant Recipient Developer on the basis of a misrepresentation made by or on behalf of the Grant Recipient Developer other than in the circumstances specified in Clause 16.2.5 (Repayment of Xxxxx)Condition 12.1.5; 16.2.3 Homes England 12.1.3 the Agency has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant RecipientDeveloper; 16.2.4 12.1.4 a Balancing Sum has arisen;; or 16.2.5 12.1.5 the Final Tranche Firm Scheme Grant has been paid to the Grant Recipient Developer but Homes England the Agency becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient Developer has failed to Deliver deliver the relevant Firm Scheme in accordance with the agreed Firm Scheme Details. 12.2 In the circumstances set out in: 12.2.1 Conditions 12.1.1 and 12.1.2, the Recoverable Amount shall be a sum equivalent to the Firm Scheme Grant for any affected Firm Scheme; 16.2.6 12.2.2 Conditions 12.1.3 and 12.1.4, the Grant Recipient has breached its obligations under any Recoverable Amount shall be a sum equal to the amount of Clauses 8 (Delivery Obligations)the overpayment, Clause 9 (Operational Obligations) the sum paid in error or Clause 10 (Review, Monitoring and Reporting)the Balancing Sum as applicable; 16.2.7 12.2.3 Condition 12.1.5, subject always to Condition 12.3, 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 Firm Scheme Termination Event has occurredGrant reflecting the changed nature of the delivered Firm Scheme as against that described in the Firm Scheme Details;‌ (b) where a revised figure for the Firm Scheme Grant is agreed, the Recoverable Amount shall be the difference between the amount which is the revised figure for the Firm Scheme Grant and the amount paid to the Developer by way of Firm Scheme Grant for that Firm Scheme; 16.2.8 (c) where the parties are unable to agree a Total Termination Event revised Firm Scheme Grant figure in accordance with Condition 12.2.3(a) the Agency shall be entitled to terminate this Agreement in accordance with Condition 5. 12.3 Where the Agency (acting reasonably) considers that the Developer acted fraudulently or dishonestly in claiming the Firm Scheme Grant for the relevant Firm Scheme, the Agency shall be entitled to treat such claim as a Prohibited Act for the purposes of Condition 5.1 and will not be bound by the terms of Condition 12.2.3. 12.4 The Developer shall 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 Developer until the date upon which the Agency receives the repayment required from the Developer under this Condition 12. 12.5 Where the Late Payment of Commercial Debts (Interest) Act 1998 applies the parties agree that the rate of interest referred to in Condition 12.4 above shall be a substantial remedy within the meaning of the Late Payment of Commercial Debts (Interest) Act 1998. 12.6 Notwithstanding any other term of this Condition 12, where a payment has occurred;been made following an administrative error by the Agency, the Developer shall not be liable for interest on the amount repayable under Condition 12.4.

Repayment of Xxxxx. 16.1 13.1 The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 16.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) 13.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of grant xxxxx paid under this Agreement and that each party has the respective rights and obligations described in such determination;; and (b) 13.1.2 for the purposes of the Recovery Determination Determination, the terms amount of this Agreement represent "Capital Grant" referred to therein shall in respect of an event described in the conditions attached Specified Paragraphs be determined by reference to the making amount of Firm Scheme Grant allocated to the Relevant Firm Scheme pursuant to Condition 15. In all other circumstances, the amount of "Capital Grant; and (c) on " shall be determined by reference to the occurrence Firm Scheme Xxxxx paid pursuant to Condition 11.1.1 in respect 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 Determinationsuch scheme. 16.2 13.2 Without prejudice to any other term of this Agreement, Homes England the Agency 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 Relevant Consortium Member the Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Clause 16.3 (Repayment of Grant) Condition 13.3 (the Recoverable Amount) in circumstances where: 16.2.1 13.2.1 a Prohibited Act has occurred and the Grant Recipient Relevant Consortium Member has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 13.2.2 the relevant Tranche Firm Scheme Grant 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 16.2.5 (Repayment of Xxxxx)Condition 13.2.5; 16.2.3 Homes England 13.2.3 the Agency has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant RecipientLead Partner; 16.2.4 13.2.4 a Balancing Sum has arisen;; or 16.2.5 13.2.5 the Final Tranche Firm Scheme Grant has been paid to the Grant Recipient Lead Partner but Homes England the Agency 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 in accordance with the agreed Firm Scheme Details;. 16.2.6 13.3 In 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;circumstances set out in:

Repayment of Xxxxx. 16.1 14.1 The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 16.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) 14.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of all grant funding paid to the Grant Recipient under this Agreement and that each party has the respective rights and obligations described in such determinationAgreement; (b) 14.1.2 for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 14.1.3 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 the terms of the Recovery Determination. 16.2 14.2 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 16.3 (Repayment of Grant) Condition 14.3 (the Recoverable Amount) in circumstances where: 16.2.1 14.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 14.2.2 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)Condition 14.2.4; 16.2.3 Homes England 14.2.3 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; 16.2.4 a Balancing Sum has arisen; 16.2.5 14.2.4 the Final Tranche Named Project Grant has been paid to the Grant Recipient 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; 16.2.6 14.2.5 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)Condition 8; 16.2.7 14.2.6 an Insolvency Event has occurred in relation to the Grant Recipient; 14.2.7 a Scheme Partial Termination Event has occurred; 16.2.8 14.2.8 a Total Termination Event has occurred; 14.2.9 in relation to an L&R Project, the Grant Recipient's lease is terminated or otherwise comes to an end prior to the date set out in the Named Project Details for lease expiry;‌ 14.2.10 there is a Minimum Period of Use Breach; or 14.2.11 an Estate Regeneration Default has occurred. 14.3 In the circumstances set out in: 14.3.1 Condition 14.2.1, 14.2.6 or 14.2.8 the Recoverable Amount shall be a sum equivalent to the aggregate of all Named Project Grant paid to and all RCGF Funds used by the Grant Recipient under or in connection with this Agreement; 14.3.2 Condition 14.2.2, 14.2.5, 14.2.7, 14.2.7 or 14.2.11 the Recoverable Amount shall be a sum equivalent to the Recoverable Project Grant for any affected Named Project;

Repayment of Xxxxx. 16.1 14.1 The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 16.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) 14.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of all grant funding paid to the Grant Recipient under this Agreement and that each party has the respective rights and obligations described in such determinationAgreement; (b) 14.1.2 for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 14.1.3 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 the terms of the Recovery DeterminationDetermination or with the GLA's prior written approval apply the Capital Grant Recoverable towards a Substitute Project approved by the GLA pursuant to Condition 16. 16.2 14.2 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 16.3 (Repayment of Grant) Condition 14.3 (the Recoverable Amount) in circumstances where: 16.2.1 14.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 14.2.2 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)Condition 14.2.4; 16.2.3 Homes England 14.2.3 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; 16.2.4 a Balancing Sum has arisen; 16.2.5 14.2.4 the Final Tranche Named Project Grant has been paid to the Grant Recipient 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; 16.2.6 14.2.5 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)Condition 8; 16.2.7 14.2.6 an Insolvency Event has occurred in relation to the Grant Recipient; 14.2.7 a Scheme Partial Termination Event has occurred.; 16.2.8 14.2.8 a Total Termination Event has occurred; 14.2.9 an Estate Regeneration Default has occurred; 14.2.10 there is a Minimum Period of Use Termination Event and/or Condition 16.8 applies; 14.3 In the circumstances set out in: 14.3.1 any of Conditions 14.2.1, 14.2.6 or 14.2.8 the Recoverable Amount shall be a sum equivalent to the aggregate of all Named Project Grant paid to the Grant Recipient under or in connection with this Agreement; 14.3.2 any of Conditions 14.2.2, 14.2.5, 14.2.7 or 14.2.9 the Recoverable Amount shall be a sum equivalent to the Named Project Grant for any affected Named Project;

Repayment of Xxxxx. 16.1 ‌ 24.1 The parties 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) 24.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of grant Capital Grant paid under this Agreement and that each party Party has the respective rights and obligations described in such determination; (b) 24.1.2 for the purposes of the Recovery Determination Determination, the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 24.1.3 on the occurrence of a Relevant Event 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 DeterminationDetermination and any applicable requirements of Section 4.10 (Single Homelessness Accommodation Programme) of the Chapter of the Capital Funding Guide entitled "Specialist Homes". 16.2 24.2 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 each Consortium Member expressly acknowledges and agrees) at its discretion to recover from the Grant Recipient Relevant Consortium Member the Capital Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Clause 16.3 24.3 (Repayment of Grant) (the Recoverable Amount) in circumstances where: 16.2.1 24.2.1 a Prohibited Act has occurred and the Grant Recipient Relevant Consortium Member has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 24.2.2 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 16.2.5 24.2.5 (Repayment of Xxxxx); 16.2.3 24.2.3 Homes England has made an overpayment in relation to a Capital Firm Scheme or has made a payment in error to the Grant RecipientLead Partner; 16.2.4 24.2.4 a Balancing Sum has arisen; 16.2.5 24.2.5 the Final relevant Tranche has been paid to the Grant Recipient Lead Partner but Homes England becomes aware (whether following the submission of a Capital SOGU or completion of a Compliance Audit or otherwise) that the Grant Recipient Relevant Consortium Member has failed to Deliver the relevant Capital Firm Scheme in accordance with the agreed Capital Firm Scheme Details; 16.2.6 24.2.6 the Grant Recipient Relevant Consortium Member has breached its obligations under any of Clauses 8 13 (Delivery Obligations), Clause 9 15 (Operational Obligations) or Clause 10 16 (Review, Monitoring and Reporting); 16.2.7 24.2.7 a Scheme Termination Event has occurred; 16.2.8 24.2.8 a Total Termination Event has occurred;

Repayment of Xxxxx. 16.1 13.1 The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 16.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) 13.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of grant xxxxx paid under this Agreement and that each party has the respective rights and obligations described in such determination;; and (b) 13.1.2 for the purposes of the Recovery Determination Determination, the terms amount of this Agreement represent the conditions attached "Capital Grant" referred to therein shall be determined by reference to the making amount of Capital Grant; and (c) on Firm Scheme Grant allocated to the occurrence Relevant Firm Scheme pursuant to Condition 15 and not by reference to the Firm Scheme Xxxxx paid pursuant to Condition 11.1.1 in respect 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 Determinationsuch scheme. 16.2 13.2 Without prejudice to any other term of this Agreement, Homes England 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 Clause 16.3 (Repayment of Grant) Condition 13.3 (the Recoverable Amount) in circumstances where: 16.2.1 13.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 13.2.2 the relevant Tranche Firm Scheme Grant 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)Condition 13.2.5; 16.2.3 Homes England 13.2.3 the Agency has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant Recipient; 16.2.4 13.2.4 a Balancing Sum has arisen;; or 16.2.5 13.2.5 the Final Tranche Firm Scheme Grant has been paid to the Grant Recipient but Homes England the Agency 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 in accordance with the agreed Firm Scheme Details. 13.3 In the circumstances set out in: 13.3.1 Conditions 13.2.1 and 13.2.2, the Recoverable Amount shall be a sum equivalent to the Firm Scheme Grant for any affected Firm Scheme; 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. 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 12.1 Without prejudice to any other term of this Agreement, Homes England the Agency reserves the right whether following termination of this Agreement or otherwise (which right the Grant Recipient Developer expressly acknowledges and agrees) at its discretion to recover from the Grant Recipient Developer the Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Clause 16.3 (Repayment of Grant) Condition 12.2 (the Recoverable Amount) in circumstances where: 16.2.1 12.1.1 a Prohibited Act has occurred and the Grant Recipient Developer has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 12.1.2 the relevant Tranche Firm Scheme Grant has been paid to the Grant Recipient Developer on the basis of a misrepresentation made by or on behalf of the Grant Recipient Developer other than in the circumstances specified in Clause 16.2.5 (Repayment of Xxxxx)Condition 12.1.5; 16.2.3 Homes England 12.1.3 the Agency has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant RecipientDeveloper; 16.2.4 12.1.4 a Balancing Sum has arisen;; or 16.2.5 12.1.5 the Final Tranche Firm Scheme Grant has been paid to the Grant Recipient Developer but Homes England the Agency becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient Developer has failed to Deliver deliver the relevant Firm Scheme in accordance with the agreed Firm Scheme Details. 12.2 In the circumstances set out in: 12.2.1 Conditions 12.1.1 and 12.1.2, the Recoverable Amount shall be a sum equivalent to the Firm Scheme Grant for any affected Firm Scheme; 16.2.6 12.2.2 Conditions 12.1.3 and 12.1.4, the Grant Recipient has breached its obligations under any Recoverable Amount shall be a sum equal to the amount of Clauses 8 (Delivery Obligations)the overpayment, Clause 9 (Operational Obligations) the sum paid in error or Clause 10 (Review, Monitoring and Reporting)the Balancing Sum as applicable; 16.2.7 12.2.3 Condition 12.1.5, subject always to Condition 12.3, 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 Firm Scheme Termination Event has occurredGrant reflecting the changed nature of the delivered Firm Scheme as against that described in the Firm Scheme Details; 16.2.8 (b) where a Total Termination Event revised figure for the Firm Scheme Grant is agreed, the Recoverable Amount shall be the difference between the amount which is the revised figure for the Firm Scheme Grant and the amount paid to the Developer by way of Firm Scheme Grant for that Firm Scheme; (c) where the parties are unable to agree a revised Firm Scheme Grant figure in accordance with Condition 12.2.3(a) the Agency shall be entitled to terminate this Agreement in accordance with Condition 5. 12.3 Where the Agency (acting reasonably) considers that the Developer acted fraudulently or dishonestly in claiming the Firm Scheme Grant for the relevant Firm Scheme, the Agency shall be entitled to treat such claim as a Prohibited Act for the purposes of Condition 12.4 The Developer shall 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 Developer until the date upon which the Agency receives the repayment required from the Developer under this Condition 12. 12.5 The parties acknowledge that the Late Payment of Commercial Debts (Interest) Act 1998 does not apply to this Agreement. 12.6 Notwithstanding any other term of this Condition 12, where a payment has occurred;been made following an administrative error by the Agency, the Developer shall not be liable for interest on the amount repayable under Condition 12.4. 12.7 If the Agreement Funding gives rise to an SGEI Decision Overpayment or otherwise constitutes Unlawful State Aid then the Agency shall be entitled to recover from the Developer the amount of such SGEI Decision Overpayment and/or Unlawful State Aid together with such interest as it is required by law to recover and the Developer must pay such amount(s) within ten (10) Business Days of the Agency requesting repayment.

Repayment of Xxxxx. 16.1 15.1 The parties acknowledge and agree that notwithstanding any other term of this Agreement: 16.1.1 15.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) the URB Recovery Determination has effect (mutatis mutandis) in respect of grant paid to the Developer under this Agreement and that each party has the respective rights and obligations described in such determination; (b) 15.1.2 for the purposes of the URB Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 15.1.3 on the occurrence of a Relevant Event the Grant Recipient Developer must recycle or repay (as applicable) the Capital Grant Recoverable in each case in accordance with the terms of the URB Recovery Determination. 16.2 15.2 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 Developer expressly acknowledges and agrees) at its discretion to recover from the Grant Recipient Developer the Firm Scheme Grant or such part or aggregation thereof as is determined in accordance with Clause 16.3 15.3 (Repayment of Grant) (the Recoverable Amount) in circumstances where: 16.2.1 15.2.1 a Prohibited Act has occurred and the Grant Recipient Developer has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 15.2.2 the relevant Tranche has been paid to the Grant Recipient Developer on the basis of a misrepresentation made by or on behalf of the Grant Recipient Developer other than in the circumstances specified in Clause 16.2.5 15.2.5 (Repayment of Xxxxx); 16.2.3 15.2.3 Homes England has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant RecipientDeveloper; 16.2.4 15.2.4 a Balancing Sum has arisen; 16.2.5 15.2.5 the Final relevant Tranche has been paid to the Grant Recipient Developer but Homes England becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Grant Recipient Developer has failed to Deliver the relevant Firm Scheme in accordance with the agreed Firm Scheme Details; 16.2.6 15.2.6 the Grant Recipient Developer (either by its own actions or omissions, or those of its contractors or agents) xxxxx Homes England's reputation or brings Homes England or the AHP 2021/26 into disrepute; 15.2.7 a Default Event has breached occurred and Homes England is entitled to terminate this Agreement pursuant to Clauses 5.4.1 (Default Events) or 5.4.2 (Default Events); 15.2.8 the Start on Site (including the actions contemplated thereby) for the relevant Firm Scheme has not been achieved by 30 September 2025 or such later date as Homes England may in its obligations under any of Clauses 8 absolute discretion agree in IMS; 15.2.9 the Developer has failed to comply with Clause 4.6.1(c) (Delivery Obligations), Clause 9 (Operational ObligationsThe Guarantor and Alternative Security) or Clause 10 4.6.2(c) (Review, Monitoring The Guarantor and ReportingAlternative Security) within 20 Business Days from the notice provided by Homes England pursuant to Clause 4.6.1(b) (The Guarantor and Alternative Security) or Clause 4.6.2(b) (The Guarantor and Alternative Security) (as applicable);; or 16.2.7 15.2.10 a Firm Scheme Termination Event has occurred;is withdrawn pursuant to Clause 12.5.2(b) (Payment of Grant) or Clause 12.5.3(b) (Payment of Grant). 16.2.8 a Total Termination Event has occurred;15.3 In the circumstances set out in: 15.3.1 Clauses 15.2.1 (Repayment of Grant) or 15.2.2 (Repayment of Grant) or

Repayment of Xxxxx. 16.1 14.1 The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 16.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) 14.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of all grant funding paid to the Grant Recipient under this Agreement and that each party has the respective rights and obligations described in such determinationAgreement; (b) 14.1.2 for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 14.1.3 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 the terms of the Recovery DeterminationDetermination or with the GLA's prior written approval apply the Capital Grant Recoverable towards a Substitute Project approved by the GLA pursuant to Condition 16. 16.2 14.2 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 16.3 (Repayment of Grant) Condition 14.3 (the Recoverable Amount) in circumstances where: 16.2.1 14.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 14.2.2 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)Condition 14.2.4; 16.2.3 Homes England 14.2.3 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; 16.2.4 a Balancing Sum has arisen; 16.2.5 14.2.4 the Final Tranche Named Project Grant has been paid to the Grant Recipient 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; 16.2.6 14.2.5 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)Condition 8; 16.2.7 14.2.6 the Grant Recipient is subject to a Scheme Section 15 Direction or a Section 114 Report which has or will have a Material Adverse Effect; 14.2.7 a Partial Termination Event has occurred; 16.2.8 14.2.8 a Total Termination Event has occurred; 14.2.9 an Estate Regeneration Default has occurred; 14.2.10 there is a Minimum Period of Use Termination Event and/or Condition 16.8 applies; 14.3 In the circumstances set out in: 14.3.1 any of Conditions 14.2.1, 14.2.6 or 14.2.8 the Recoverable Amount shall be a sum equivalent to the aggregate of all Named Project Grant paid to the Grant Recipient under or in connection with this Agreement; 14.3.2 any of Conditions 14.2.2, 14.2.5, 14.2.7 or 14.2.9 the Recoverable Amount shall be a sum equivalent to the Named Project Grant for any affected Named Project;

Repayment of Xxxxx. 16.1 ‌ 18.1 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) 18.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of grant xxxxx paid under this Agreement and that each party has the respective rights and obligations described in such determination; (b) 18.1.2 for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 18.1.3 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 the terms of the Recovery Determination. 16.2 18.2 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 18.3 (Repayment of Grant) (the Recoverable Amount) in circumstances where: 16.2.1 18.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 18.2.2 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 18.2.5 (Repayment of Xxxxx); 16.2.3 18.2.3 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 18.2.4 a Balancing Sum has arisen; 16.2.5 18.2.5 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. 16.1 14.1 The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 16.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) 14.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of all grant funding paid to the Grant Recipient under this Agreement and that each party has the respective rights and obligations described in such determinationAgreement; (b) 14.1.2 for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 14.1.3 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 the terms of the Recovery DeterminationDetermination and the Affordable Housing Capital Funding Guide (having regard to any requirements specified to apply to grant provided under SHAP in Section 6.6 of the Affordable Housing Capital Funding Guide). 16.2 14.2 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 16.3 (Repayment of Grant) Condition 14.3 (the Recoverable Amount) in circumstances where: 16.2.1 14.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 14.2.2 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)Condition 14.2.4; 16.2.3 Homes England 14.2.3 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; 16.2.4 a Balancing Sum has arisen; 16.2.5 14.2.4 the Final Tranche Named Project Grant has been paid to the Grant Recipient 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; 16.2.6 14.2.5 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)Condition 8; 16.2.7 14.2.6 the Grant Recipient is subject to a Scheme Section 15 Direction or a Section 114 Report which has or will have a Material Adverse Effect; 14.2.7 a Partial Termination Event has occurred; 16.2.8 14.2.8 a Total Termination Event has occurred; 14.2.9 an Estate Regeneration Default has occurred; 14.2.10 a Minimum Period of Use Termination Event has occurred; 14.3 In the circumstances set out in: 14.3.1 any of Conditions 14.2.1, 14.2.6 or 14.2.8 the Recoverable Amount shall be a sum equivalent to the aggregate of all Named Project Grant paid to the Grant Recipient under or in connection with this Agreement; 14.3.2 any of Conditions 14.2.2, 14.2.5, 14.2.7 or 14.2.9 the Recoverable Amount shall be a sum equivalent to the Named Project Grant for any affected Named Project;

Repayment of Xxxxx. 16.1 18.1 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) 18.1.1 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; (b) 18.1.2 for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 18.1.3 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 the terms of the Recovery Determination. 16.2 18.2 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 18.3 (Repayment of Grant) (the Recoverable Amount) in circumstances where: 16.2.1 18.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 18.2.2 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 18.2.5 (Repayment of Xxxxx); 16.2.3 18.2.3 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 18.2.4 a Balancing Sum has arisen; 16.2.5 18.2.5 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. 16.1 ‌ 18.1 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) 18.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of grant xxxxx paid under this Agreement and that each party has the respective rights and obligations described in such determination; (b) 18.1.2 for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 18.1.3 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. 16.2 18.2 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 each Consortium Member expressly acknowledges and agrees) at its discretion to 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 16.3 clause 18.3 (Repayment of Grant) (the Recoverable Amount) in circumstances where: 16.2.1 18.2.1 a Prohibited Act has occurred and the Grant Recipient Relevant Consortium Member has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 18.2.2 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 16.2.5 clause 18.2.5 (Repayment of Xxxxx); 16.2.3 18.2.3 Homes England has made an overpayment in relation to a Firm Scheme or has made a payment in error to the Grant RecipientLead Partner; 16.2.4 18.2.4 a Balancing Sum has arisen; 16.2.5 18.2.5 the Final 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 the relevant Firm Scheme in accordance with the agreed Firm Scheme Details; 16.2.6 18.2.6 the Grant Recipient Relevant Consortium Member has breached its obligations under any of Clauses 8 clauses 10 (Delivery Obligations), Clause 9 clause 11 (Operational Obligations) or Clause 10 clause 12 (Review, Monitoring and Reporting); 16.2.7 18.2.7 a Scheme Termination Event has occurred; 16.2.8 18.2.8 a Total Termination Event has occurred;

Repayment of Xxxxx. 16.1 14.1 The parties acknowledge and agree that notwithstanding any other term of this Agreementthat: 16.1.1 the TP Funding Requirement applies and pursuant to such requirement: (a) 14.1.1 the Recovery Determination has effect (mutatis mutandis) in respect of all grant funding paid to the Grant Recipient under this Agreement and that each party has the respective rights and obligations described in such determinationAgreement; (b) 14.1.2 for the purposes of the Recovery Determination the terms of this Agreement represent the conditions attached to the making of Capital Grant; and (c) 14.1.3 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 the terms of the Recovery DeterminationDetermination or with the GLA's prior written approval apply the Capital Grant Recoverable towards a Substitute Project approved by the GLA pursuant to Condition 16. 16.2 14.2 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 16.3 (Repayment of Grant) Condition 14.3 (the Recoverable Amount) in circumstances where: 16.2.1 14.2.1 a Prohibited Act has occurred and the Grant Recipient has not satisfied the Waiver Condition in respect of such Prohibited Act; 16.2.2 14.2.2 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)Condition 14.2.4; 16.2.3 Homes England 14.2.3 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; 16.2.4 a Balancing Sum has arisen; 16.2.5 14.2.4 the Final Tranche Named Project Grant has been paid to the Grant Recipient 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; 16.2.6 14.2.5 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)Condition 8; 16.2.7 14.2.6 an Insolvency Event has occurred in relation to the Grant Recipient; 14.2.7 a Scheme Partial Termination Event has occurred; 16.2.8 14.2.8 a Total Termination Event has occurred; 14.2.9 an Estate Regeneration Default has occurred; 14.2.10 there is a Minimum Period of Use Termination Event and/or Condition 16.8 applies; 14.3 In the circumstances set out in: 14.3.1 any of Conditions 14.2.1, 14.2.6 or 14.2.8 the Recoverable Amount shall be a sum equivalent to the aggregate of all Named Project Grant paid to the Grant Recipient under or in connection with this Agreement; 14.3.2 any of Conditions 14.2.2, 14.2.5, 14.2.7 or 14.2.9 the Recoverable Amount shall be a sum equivalent to the Named Project Grant for any affected Named Project;