Common use of Return of Funding Clause in Contracts

Return of Funding. In the event of dissolution of the Agreement for the reasons specified in Article 12.1 or 12.3, the Enterprise shall return, at the Foundation’s request, in full the financing provided under the Agreement within 14 days of the date of the call plus the interest in the amount specified as for overdue tax liabilities, to be computed from the day the funding is provided to the4 Enterprise until the day of its return5 to the bank account designated by the Foundation plus the interest accrued in the Enterprise’s bank account on the funding provided by the Foundation in the form of an advance payment. The Enterprise shall transfer the equivalent of the financing provided under the agreements referred to in Article 6.5 to the Foundation on the principles mentioned in the preceding sentence, with the interest accrued from the date of payment of the stipends to the individual young scientists. In the especially justified cases, at the Grantee’s written request, the Foundation may refrain from demanding return of the settled financing or/and payment of the interest in the amount specified as for overdue tax liabilities while taking into consideration, in particular, the manner of performance of the Agreement by the Grantee. The Enterprise shall be obliged to return the financing upon statement by the control bodies of a breach of the rules and of the terms and conditions of implementation of the Project as defined in the Agreement, acts of the national and EU law, especially in the case of: statement of utilisation of the granted funding inconsistently with the object of the Agreement; undue collection of the funding; collection of the funding in an excessive amount; default on the provisions governing durability of the Project; or utilisation of the funding in breach of the procedures referred to in Article 184 of the Act on Public Finances of 27 August 2009. In the case referred to in Clause 2 of this article, the Enterprise shall be obliged to transfer, by the dates and on the terms and conditions defined by the Foundation, the amount specified in the call for payment plus the interest in the amount specified as for overdue tax liabilities, to be computed from the day the funding is provided to the Enterprise until the day of its return to the bank account designated by the Foundation. An Enterprise other than a SME undertakes to disclose all net revenues within the meaning of Article 61.1 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 that are generated in connection with implementation of the Project, according to the rules defined in Article 61 of that Regulation and in the applicable Guidelines of the minister competent for the affairs of regional development as regards the issues associated with preparation of investment projects, including revenue-generating projects and hybrid projects for the years 2014-2020. Due to the inability to objectively define the revenues in advance using one of the methods designated in Article 61 Clause 3 or Clause 5 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013, the Enterprise other than a SME undertakes to return, on a pro rata basis, the revenues generated during the period of 3 years from the day of settlement by SG OP Intermediary Authority of the Foundation’s application for final payment or by the date set for submission of the documents concerning the closure of the programme as defined in the regulations concerning the European Regional Development Fund, whichever is earlier, on the terms and conditions defined in ‘Procedure for calculating and monitoring revenues for the beneficiaries receiving funding under Axis Four of Smart Growth Operational Programme‘ document. Within 25 days of the date of completion of implementation of the Project, the financing provided by the Foundation and not used in the Project shall be returned to the account designated by the Foundation. The financing used in breach of the expenditure eligibility principles shall be returned to the account designated by the Foundation within 14 days of the receipt by the Enterprise of the call for its return. The return of the financing shall be made to the account designated by the Foundation indicating: the number of the Agreement; information on the principal amount and the interest amount; the title of reimbursement; the year when the financing being returned was provided. For the purpose of collection of its amounts receivable, the Foundation may grant a third party a power of attorney to act on its behalf. The Grantee shall not be liable for non-performance or improper performance of the Agreement due to the operation of Force Majeure. The Grantee shall be obliged to promptly notify the Foundation of occurrence of Force Majeure and shall substantiate existence of Force Majeure by defining its impact on implementation of the Project In the case of a failure to return the financing in the full amount with the interest specified as for overdue tax liabilities, the paid amount shall be allocated, on a pro rata basis, towards settlement of the principal overdue amount understood as the amount of the funding envisaged for return (net of interest) and the amount of the interest as for overdue tax liabilities at the ratio at which the primary overdue amount remains in relation to the amount of the interest. The Grantee undertakes to cover the documented costs of debt collection measures taken against the Grantee, in particular the costs of legal aid provided by professional legal representatives whenever any payment has been made to the Grantee.

Return of Funding. In the event of dissolution of the Agreement for the reasons specified in Article 12.1 or 12.3, the Enterprise Unit shall return, at the Foundation’s request, in full the financing provided under the Agreement within 14 days of the date of the call plus the interest in the amount specified as for overdue tax liabilities, to be computed from the day the funding is provided to the4 Enterprise Unit until the day of its return5 to the bank account designated by the Foundation plus the interest accrued in the EnterpriseUnit’s bank account on the funding provided by the Foundation in the form of an advance payment. The Enterprise Unit shall transfer the equivalent of the financing provided under the agreements referred to in Article 6.5 to the Foundation on the principles mentioned in the preceding sentence, with the interest accrued from the date of payment of the stipends to the individual young scientists. In the especially justified cases, at the Grantee’s written request, the Foundation may refrain from demanding return of the settled financing or/and payment of the interest in the amount specified as for overdue tax liabilities while taking into consideration, in particular, the manner of performance of the Agreement by the Grantee. The Enterprise Unit shall be obliged to return the financing upon statement by the control bodies of a breach of the rules and of the terms and conditions of implementation of the Project as defined in the Agreement, acts of the national and EU law, especially in the case of: statement of utilisation of the granted funding inconsistently with the object of the Agreement; undue collection of the funding; collection of the funding in an excessive amount; default on the provisions governing durability of the Project; or utilisation of the funding in breach of the procedures referred to in Article 184 of the Act on Public Finances of 27 August 2009. In the case referred to in Clause 2 of this article, the Enterprise Unit shall be obliged to transfer, by the dates and on the terms and conditions defined by the Foundation, the amount specified in the call for payment plus the interest in the amount specified as for overdue tax liabilities, to be computed from the day the funding is provided to the Enterprise Unit until the day of its return to the bank account designated by the Foundation. An Enterprise other than a SME The Unit undertakes to disclose all net revenues within the meaning of Article 61.1 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 that are generated in connection with implementation of the Project, according to the rules defined in Article 61 of that Regulation and in the applicable Guidelines of the minister competent for the affairs of regional development as regards the issues associated with preparation of investment projects, including revenue-generating projects and hybrid projects for the years 2014-2020. Due to the inability to objectively define the revenues in advance using one of the methods designated in Article 61 Clause 3 or Clause 5 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013, the Enterprise other than a SME Unit undertakes to return, on a pro rata basis, the revenues generated during the period of 3 years from the day of settlement by SG OP Intermediary Authority of the Foundation’s application for final payment or by the date set for submission of the documents concerning the closure of the programme as defined in the regulations concerning the European Regional Development Fund, whichever is earlier, on the terms and conditions defined in ‘Procedure for calculating and monitoring revenues for the beneficiaries receiving funding under Axis Four of Smart Growth Operational Programme‘ document. Within 25 days of the date of completion of implementation of the Project, the financing provided by the Foundation and not used in the Project shall be returned to the account designated by the Foundation. The financing used in breach of the expenditure eligibility principles shall be returned to the account designated by the Foundation within 14 days of the receipt by the Enterprise Unit of the call for its return. The return of the financing shall be made to the account designated by the Foundation indicating: the number of the Agreement; information on the principal amount and the interest amount; the title of reimbursement; the year when the financing being returned was provided. For the purpose of collection of its amounts receivable, the Foundation may grant a third party a power of attorney to act on its behalf. The Grantee shall not be liable for non-performance or improper performance of the Agreement due to the operation of Force Majeure. The Grantee shall be obliged to promptly notify the Foundation of occurrence of Force Majeure and shall substantiate existence of Force Majeure by defining its impact on implementation of the Project In the case of a failure to return the financing in the full amount with the interest specified as for overdue tax liabilities, the paid amount shall be allocated, on a pro rata basis, towards settlement of the principal overdue amount understood as the amount of the funding envisaged for return (net of interest) and the amount of the interest as for overdue tax liabilities at the ratio at which the primary overdue amount remains in relation to the amount of the interest. The Grantee undertakes to cover the documented costs of debt collection measures taken against the Grantee, in particular the costs of legal aid provided by professional legal representatives whenever any payment has been made to the Grantee.

Return of Funding. In the event of dissolution of the Agreement for the reasons specified in Article 12.1 or 12.3, the Enterprise Grantees shall return, at the Foundation’s request, in full the financing provided under the Agreement within 14 days of the date of the call plus the interest in the amount specified as for overdue tax liabilities, to be computed from the day the funding is provided to the4 Enterprise the6 Consortium Leader until the day of its return5 return7 to the bank account designated by the Foundation plus the interest accrued in the EnterpriseConsortium Leader’s and the Consortium Member’s bank account accounts on the funding provided by the Foundation in the form of an advance payment. The Enterprise Consortium Leader shall transfer the equivalent of the financing provided under the agreements referred to in Article 6.5 to the Foundation on the principles mentioned in the preceding sentence, with the interest accrued from the date of payment of the stipends to the individual young scientists. In the especially justified cases, at the GranteeProject Manager and Consortium Leader’s written request, the Foundation may refrain from demanding return of the settled financing or/and payment of the interest in the amount specified as for overdue tax liabilities while taking into consideration, in particular, the manner of performance of the Agreement by the GranteeProject Manager, the Consortium Member’s Representative and the Grantees. The Enterprise Grantees shall be obliged to return jointly and severally liable for returning the financing upon statement by funds if the control bodies of identify a breach of the rules and of the terms and conditions of implementation of the Project as defined in the Agreement, acts of the national and the EU law, especially in the case of: statement of utilisation of the granted funding inconsistently with the object of the Agreement; undue collection of the funding; collection of the funding in an excessive amount; default on the provisions governing durability of the Project; or utilisation of the funding in breach of the procedures referred to in Article 184 of the Act on Public Finances of 27 August 2009. In the case referred to in Clause 2 of this article, the Enterprise Grantees shall be obliged to transferjointly and severally liable for transferring, by the dates and on the terms and conditions defined by the Foundation, the amount specified in the call for payment plus the interest in the amount specified as for overdue tax liabilities, to be computed from the day the funding is provided to the Enterprise Consortium Leader until the day of its return to the bank account designated by the Foundation. An Enterprise A Grantee (other than a SME SME) undertakes to disclose all net revenues within the meaning of Article 61.1 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 that are generated in connection with implementation of the Project, according to the rules defined in Article 61 of that Regulation and in the applicable Guidelines of the minister competent for the affairs of regional development as regards the issues associated with preparation of investment projects, including revenue-generating projects and hybrid projects for the years 2014-2020. Due to the inability to objectively define the revenues in advance using one of the methods designated in Article 61 Clause 3 or Clause 5 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013, the Enterprise Grantee (other than a SME SME) undertakes to return, on a pro rata basis, the revenues generated during the period of 3 years from the day of settlement by SG OP Intermediary Authority of the Foundation’s application for final payment or by the date set for submission of the documents concerning the closure of the programme as defined in the regulations concerning the European Regional Development Fund, whichever is earlier, on the terms and conditions defined in ‘Procedure for calculating and monitoring revenues for the beneficiaries receiving funding under Axis Four of Smart Growth Operational Programme‘ ’ document. Within 25 days of the date of completion of implementation of the Project, the financing provided by the Foundation and not used in the Project shall be returned to the account designated by the Foundation. The financing used in breach of the expenditure cost eligibility principles shall be returned to the account designated by the Foundation within 14 days of the receipt by the Enterprise Consortium Leader of the call for its return. The return of the financing shall be made to the account designated by the Foundation indicating: the number of the Agreement; information on the principal amount and the interest amount; the title of reimbursement; the year when the financing being returned was provided. For the purpose of collection of its amounts receivable, the Foundation may grant a third party a power of attorney to act on its behalf. The Grantee Grantees shall not be liable for non-performance or improper performance of the Agreement due to the operation of Force Majeure. The Grantee Grantees shall be obliged to promptly notify the Foundation of occurrence of Force Majeure and shall substantiate existence of Force Majeure by defining its impact on the implementation of the Project Project. In the case of a failure to return the financing in the full amount with the interest specified as for overdue tax liabilities, the paid amount shall be allocated, on a pro rata basis, towards settlement of the principal overdue amount understood as the amount of the funding envisaged for return (net of interest) and the amount of the interest as for overdue tax liabilities at the ratio at which the primary overdue amount remains in relation to the amount of the interest. The Grantee undertakes Grantees undertake to cover the documented costs of debt collection measures taken against the Grantee, in particular the costs of legal aid provided by professional legal representatives whenever any payment has been made to the GranteeGrantees.