Common use of Repayment of Xxxxx Clause in Contracts

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 The parties acknowledge and agree that: 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 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 Grant 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 The parties acknowledge and agree that: 13.1.1 that 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 the Grant Recipient expressly acknowledges and agrees) to recover from the Relevant Consortium Member Grant Recipient 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 Grant Recipient 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 Grant Recipient on the basis of a misrepresentation made by or on behalf of the Relevant Consortium Member Grant Recipient 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 PartnerGrant Recipient; 13.2.4 a Balancing Sum has arisen; or; 13.2.5 the Firm Scheme Xxxxx Grant has been paid to the Lead Partner Grant Recipient but the Agency becomes aware (whether following the completion of a Compliance Audit or otherwise) that the Relevant Consortium Member Grant Recipient has failed to deliver the relevant Firm Scheme in accordance with the agreed Firm Scheme Details; 13.2.6 the Grant Recipient has breached its obligations under Conditions 7.2, 7.5 to 7.7; or 13.2.7 an Insolvency Event has occurred in relation to the Grant Recipient. 13.3 In the circumstances set out in:

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 xxxxx 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 Grant 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:: 13.3.1 Conditions 13.2.1 and 13.2.2, the Recoverable Amount shall be a sum equivalent to the the Firm Scheme Grant paid pursuant to Condition 11.1.1 in respect of the Relevant Firm Scheme;