Revenue Grant Claim Procedures. 19.1 Subject to Practical Completion having passed, the Lead Partner may make a claim to draw down a Revenue Quarterly Payment in respect of a Revenue Firm Scheme. The Lead Partner must make its claim through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide. 19.2 In permitting the Lead Partner to submit a claim pursuant to Clause 19.1 (Revenue Grant Claim Procedures), the Relevant Consortium Member: 19.2.1 is deemed to repeat the representations and warranties set out in Clause 9.2 (Revenue Firm Schemes); 19.2.2 represents and warrants to Homes England that: (a) the related Capital Firm Scheme has reached Practical Completion; (b) prior to submitting its claim, all amounts claimed have been incurred by the Relevant Consortium Member in respect of the Revenue Services; (c) all amounts claimed consists of Revenue Eligible Expenditure only; (d) all confirmations and certifications made or to be made by the Lead Partner on the Relevant Consortium Member's behalf (and has authorised the Lead Partner to make such confirmations and certifications) in IMS in relation to the Revenue Firm Scheme and such confirmation and certifications have been, are or will be correct in all material respects; (e) it is a Registered Provider and retains its status as an Investment Partner; (f) no Withholding Event or Default Event has occurred or arisen (excluding any which has either been waived in writing by Homes England or remedied to the satisfaction of Homes England (in its absolute discretion) and Homes England has confirmed this in writing); (g) it has obtained all Consents necessary for the Delivery of the Revenue Firm Scheme in accordance with the Revenue Firm Scheme Details as are then required; (h) any Change in Control or Restructure which has taken place since the date of the Agreement has been notified to Homes England pursuant to Clause 16.28 (Review, Monitoring and Reporting); and (i) it is not in breach of any term of this Agreement and that the amount claimed will not, if paid, result in any breach of this Agreement; 19.2.3 where the Relevant Consortium Member is an LA Provider, represents and warrants to Homes England: (a) that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; and (b) that no Section 114 Report has been made nor is it aware of any circumstances that would give rise to the making or any such report. 19.3 In submitting an application pursuant to this Clause 19.3 (Revenue Grant Claim Procedures) on its own behalf, the Lead Partner is deemed to represent and warrant to Homes England: 19.3.1 in the terms set out in Clauses 19.2.1 to 19.2.2(c) and 19.2.2(e) to 19.2.3 (Revenue Grant Claim Procedures) (inclusive) for the purposes of an application made pursuant to Clause 19.1 (Revenue Grant Claim Procedures); and 19.3.2 that all confirmations and certifications made or to be made by it in IMS in relation to the Revenue Firm Scheme have been are or will be correct in all material respects. 19.4 In submitting an application pursuant to this Clause 19 (Revenue Grant Claim Procedures), the Lead Partner is deemed to represent and warrant to Homes England that it retains its status as an Investment Partner.
Appears in 3 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
Revenue Grant Claim Procedures.
19.1 18.1 Subject to Practical Completion having passed, the Lead Partner Grant Recipient may make a claim to draw down a Revenue Quarterly Payment in respect of a Revenue Firm Scheme. The Lead Partner Grant Recipient must make its claim through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide.
19.2 18.2 In permitting the Lead Partner to submit submitting a claim pursuant to Clause 19.1 18.1 (Revenue Grant Claim Procedures), the Relevant Consortium Member:Grant Recipient:
19.2.1 18.2.1 is deemed to repeat the representations and warranties set out in Clause 9.2 (Revenue Firm Schemes);Schemes);
19.2.2 18.2.2 represents and warrants to Homes England that:
(a) the related Capital Firm Scheme has reached Practical Completion;
(b) prior to submitting its claim, all amounts claimed have been incurred by the Relevant Consortium Member Grant Recipient in respect of the Revenue Services;
(c) all amounts claimed consists consist of Revenue Eligible Expenditure only;only;
(d) all confirmations and certifications made or to be made by the Lead Partner on the Relevant Consortium Member's behalf (and has authorised the Lead Partner to make such confirmations and certifications) Grant Recipient in IMS in relation to the Revenue Firm Scheme and such confirmation and certifications have been, are or will be correct in all material respects;
(e) it the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;Partner;
(f) no Withholding Event or Default Event has occurred or arisen (excluding any which has either been waived in writing by Homes England or remedied to the satisfaction of Homes England (in its absolute discretion) and Homes England has confirmed this in writing);
(g) it has obtained all Consents necessary for the Delivery of the Revenue Firm Scheme in accordance with the Revenue Firm Scheme Details as are then required;
(h) any Change in Control or Restructure which has taken place since the date of the Agreement has been notified to Homes England pursuant to Clause 16.28 (Review, Monitoring and Reporting); and
(i) it is not in breach of any term of this Agreement and that the amount claimed will not, if paid, result in any breach of this Agreement;
19.2.3 where the Relevant Consortium Member is an LA Provider, represents and warrants to Homes England:
(a) that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; and
(b) that no Section 114 Report has been made nor is it aware of any circumstances that would give rise to the making or any such report.
19.3 In submitting an application pursuant to this Clause 19.3 (Revenue Grant Claim Procedures) on its own behalf, the Lead Partner is deemed to represent and warrant to Homes England:
19.3.1 in the terms set out in Clauses 19.2.1 to 19.2.2(c) and 19.2.2(e) to 19.2.3 (Revenue Grant Claim Procedures) (inclusive) for the purposes of an application made pursuant to Clause 19.1 (Revenue Grant Claim Procedures); and
19.3.2 that all confirmations and certifications made or to be made by it in IMS in relation to the Revenue Firm Scheme have been are or will be correct in all material respects.
19.4 In submitting an application pursuant to this Clause 19 (Revenue Grant Claim Procedures), the Lead Partner is deemed to represent and warrant to Homes England that it retains its status as an Investment Partner.Clause
Appears in 1 contract
Samples: Grant Agreement
Revenue Grant Claim Procedures.
19.1 Subject to Practical Completion having passed, Within each Claim Period the Lead Partner may make must (unless otherwise agreed with Homes England on IMS) submit a claim to draw down a Revenue Funding Quarterly Payment in respect of a Revenue Firm Funding Scheme. The Lead Partner must make its claim through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide.Guide.
19.2 In permitting the Lead Partner to submit a claim pursuant to Clause 19.1 (Revenue Grant Claim Procedures), the Relevant Consortium Member:Member:
19.2.1 is deemed to repeat the representations and warranties set out in Clause 9.2 9.5 (Revenue Firm Schemes);Funding Schemes);
19.2.2 represents and warrants to Homes England that:
(a) the related Capital Firm Scheme has reached Practical Completionclaim relates solely to Revenue Funding Eligible Expenditure;
(b) prior to submitting its claim, all amounts claimed have been incurred by the Relevant Consortium Member in respect of the Revenue ServicesFunding Eligible Expenditure to which the claim relates was incurred or Contractually Committed to be incurred in the current Financial Year (unless Homes England has provided express approval otherwise);
(c) all amounts claimed consists of Revenue Eligible Expenditure only;
(d) all confirmations and certifications made or to be made by the Lead Partner on the Relevant Consortium Member's behalf in IMS in relation to the Revenue Funding Scheme have been, are or will be correct in all material respects (and it has authorised the Lead Partner to make such confirmations and certifications) in IMS in relation to the Revenue Firm Scheme and such confirmation and certifications have been, are or will be correct in all material respects);
(e) it is a Registered Provider and retains its status as an Investment Partner;
(fd) no Withholding Event or Default Event has occurred or arisen (excluding any which has either been waived in writing by Homes England or remedied to the satisfaction of Homes England (in its absolute discretion) and Homes England has confirmed this in writing);
(ge) it has obtained all Consents necessary for the Delivery of the Revenue Firm Funding Scheme in accordance with the Revenue Firm Funding Scheme Details as are then required;
(hf) any Change in Control or or, for a Consortium Member that is an RP Provider, Restructure which has taken place since the date of the Agreement has been notified to Homes England pursuant to Clause 16.28 16.29 (Review, Monitoring and Reporting); and;
(ig) it is not in breach of any term of this Agreement and that the amount claimed will not, if paid, result in any breach of this Agreement;
19.2.3 (h) none of the Revenue Funding Eligible Expenditure being claimed in respect of any SHAP Dwelling was or will be incurred or Contractually Committed: i before the Lead In Period; nor ii after the expiry of the three (3) year period beginning on the date of Dwelling Practical Completion of that SHAP Dwelling (unless Homes England has provided prior express consent);
(i) other than expenditure of the type described in limb (b) of the definition of Revenue Funding Eligible Expenditure (Limb b Expenditure) or limb (c) of the definition of Revenue Funding Eligible Expenditure (Limb c Expenditure), none of the Revenue Funding Eligible Expenditure which is the subject of the claim was incurred other than in the Quarter to which the Claim relates and where such expenditure is: i Limb b Expenditure it was incurred in the immediately preceding Quarter (unless otherwise expressly agreed by Homes England); and
(j) none of the Revenue Funding Eligible Expenditure to which the claim relates has been the subject of any prior claim by the Lead Partner (on behalf of the Relevant Consortium Member Member);
(k) the payment of the claim would not cause the Allocated Revenue Grant or Revenue Grant figure to be exceeded;
(l) the amount and timing of the Revenue Funding Quarterly Payment claimed accords with the terms of the Revenue Grant Profile; and
(m) it has provided Homes England with any Revenue Statement of Grant Usage which has fallen due pursuant to the terms of this Agreement within the required timescales.
19.2.3 where it is an LA Provider, represents and warrants to Homes England:England:
(a) that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; and
(b) that no Section 114 Report has been made nor is it aware of any circumstances that would give rise to the making or any such report.
19.3 Any change agreed to the Revenue Grant Profile must be amended on IMS by the Lead Partner and approved by Homes England.
19.4 In submitting an application pursuant to this Clause 19.3 19.2 (Revenue Grant Claim Procedures) on its own behalf, the Lead Partner is deemed to represent and warrant to Homes England:England:
19.3.1 19.4.1 in the terms set out in Clauses 19.2.1 to 19.2.2(c19.2.2(b) and 19.2.2(e19.2.2(d) to 19.2.3 (Revenue Grant Claim Procedures) (inclusive) for the purposes of an application made pursuant to Clause 19.1 (Revenue Grant Claim Procedures); and
19.3.2 19.4.2 that all confirmations and certifications made or to be made by it in IMS in relation to the Revenue Firm Funding Scheme have been are or will be correct in all material respects.
19.4 19.5 In submitting an any application pursuant to this Clause 19 (Revenue Grant Claim Procedures), the Lead Partner is deemed to represent and warrant to Homes England that it retains its status as an Investment Partner.
Appears in 1 contract
Samples: Grant Agreement
Revenue Grant Claim Procedures.
19.1 Subject to Practical Completion having passed, Within each Claim Period the Lead Partner may make must (unless otherwise agreed with Homes England on IMS) submit a claim to draw down a Revenue Funding Quarterly Payment in respect of a Revenue Firm Funding Scheme. The Lead Partner must make its claim through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide.Guide.
19.2 In permitting the Lead Partner to submit a claim pursuant to Clause 19.1 (Revenue Grant Claim Procedures), the Relevant Consortium Member:Member:
19.2.1 is deemed to repeat the representations and warranties set out in Clause 9.2 9.5 (Revenue Firm Schemes);Funding Schemes);
19.2.2 represents and warrants to Homes England that:
(a) the related Capital Firm Scheme has reached Practical Completionclaim relates solely to Revenue Funding Eligible Expenditure;
(b) prior to submitting its claim, all amounts claimed have been incurred by the Relevant Consortium Member in respect of the Revenue ServicesFunding Eligible Expenditure to which the claim relates was incurred or Contractually Committed to be incurred in the current Financial Year (unless Homes England has provided express approval otherwise);
(c) all amounts claimed consists of Revenue Eligible Expenditure only;
(d) all confirmations and certifications made or to be made by the Lead Partner on the Relevant Consortium Member's behalf in IMS in relation to the Revenue Funding Scheme have been, are or will be correct in all material respects (and it has authorised the Lead Partner to make such confirmations and certifications) in IMS in relation to the Revenue Firm Scheme and such confirmation and certifications have been, are or will be correct in all material respects);
(e) it is a Registered Provider and retains its status as an Investment Partner;
(fd) no Withholding Event or Default Event has occurred or arisen (excluding any which has either been waived in writing by Homes England or remedied to the satisfaction of Homes England (in its absolute discretion) and Homes England has confirmed this in writing);
(ge) it has obtained all Consents necessary for the Delivery of the Revenue Firm Funding Scheme in accordance with the Revenue Firm Funding Scheme Details as are then required;
(hf) any Change in Control or or, for a Consortium Member that is an RP Provider, Restructure which has taken place since the date of the Agreement has been notified to Homes England pursuant to Clause 16.28 16.29 (Review, Monitoring and Reporting); and;
(ig) it is not in breach of any term of this Agreement and that the amount claimed will not, if paid, result in any breach of this Agreement;
19.2.3 (h) none of the Revenue Funding Eligible Expenditure being claimed in respect of any SHAP Dwelling was or will be incurred or Contractually Committed: i before the Lead In Period; nor ii after the expiry of the three (3) year period beginning on the date of Dwelling Practical Completion of that SHAP Dwelling (unless Homes England has provided prior express consent);
(i) other than expenditure of the type described in limb (b) of the definition of Revenue Funding Eligible Expenditure (Limb b Expenditure) or limb (c) of the definition of Revenue Funding Eligible Expenditure (Limb c Expenditure), none of the Revenue Funding Eligible Expenditure which is the subject of the claim was incurred other than in the Quarter to which the Claim relates and where such expenditure is: i Limb b Expenditure it was incurred in the immediately preceding Quarter (unless otherwise expressly agreed by Homes England); and
(j) none of the Revenue Funding Eligible Expenditure to which the claim relates has been the subject of any prior claim by the Lead Partner (on behalf of the Relevant Consortium Member Member);
(k) the payment of the claim would not cause the Allocated Revenue Grant or Revenue Grant figure to be exceeded;
(l) the amount and timing of the Revenue Funding Quarterly Payment claimed accords with the terms of the Revenue Grant Profile; and
(m) it has provided Homes England with any Revenue Statement of Grant Usage which has fallen due pursuant to the terms of this Agreement within the required timescales.
19.2.3 where it is an LA Provider, represents and warrants to Homes England:England:
(a) that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; and
(b) that no Section 114 Report has been made nor is it aware of any circumstances that would give rise to the making or any such report.
19.3 Any change agreed to the Revenue Grant Profile must be amended on IMS by the Lead Partner and approved by Homes England.
19.4 In submitting an application pursuant to this Clause 19.3 19.2 (Revenue Grant Claim Procedures) on its own behalf, the Lead Partner is deemed to represent and warrant to Homes England:England:
19.3.1 19.4.1 in the terms set out in Clauses 19.2.1 to 19.2.2(c19.2.2(b) and 19.2.2(e19.2.2(d) to 19.2.3 (Revenue Grant Claim Procedures) (inclusive) for the purposes of an application made pursuant to Clause 19.1 (Revenue Grant Claim Procedures); and
19.3.2 19.4.2 that all confirmations and certifications made or to be made by it in IMS in relation to the Revenue Firm Funding Scheme have been are or will be correct in all material respects.
19.4 19.5 In submitting an any application pursuant to this Clause 19 (Revenue Grant Claim Procedures), the Lead Partner is deemed to represent and warrant to Homes England that it retains its status as an Investment Partner.
Appears in 1 contract
Samples: Grant Agreement
Revenue Grant Claim Procedures.
19.1 18.1 Subject to Practical Completion having passed, the Lead Partner Grant Recipient may make a claim to draw down a Revenue Quarterly Payment in respect of a Revenue Firm Scheme. The Lead Partner Grant Recipient must make its claim through IMS in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide.
19.2 18.2 In permitting the Lead Partner to submit submitting a claim pursuant to Clause 19.1 18.1 (Revenue Grant Claim Procedures), the Relevant Consortium Member:Grant Recipient:
19.2.1 18.2.1 is deemed to repeat the representations and warranties set out in Clause 9.2 (Revenue Firm Schemes);Schemes);
19.2.2 18.2.2 represents and warrants to Homes England that:
(a) the related Capital Firm Scheme has reached Practical Completion;
(b) prior to submitting its claim, all amounts claimed have been incurred by the Relevant Consortium Member Grant Recipient in respect of the Revenue Services;
(c) all amounts claimed consists consist of Revenue Eligible Expenditure only;only;
(d) all confirmations and certifications made or to be made by the Lead Partner on the Relevant Consortium Member's behalf (and has authorised the Lead Partner to make such confirmations and certifications) Grant Recipient in IMS in relation to the Revenue Firm Scheme and such confirmation and certifications have been, are or will be correct in all material respects;
(e) it the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;Partner;
(f) no Withholding Event or Default Event has occurred or arisen (excluding any which has either been waived in writing by Homes England or remedied to the satisfaction of Homes England (in its absolute discretion) and Homes England has confirmed this in writing);
(g) it has obtained all Consents necessary for the Delivery of the Revenue Firm Scheme in accordance with the Revenue Firm Scheme Details as are then required;
(h) any Change in Control or Restructure which has taken place since the date of the Agreement has been notified to Homes England pursuant to Clause 16.28 15.28 (Review, Monitoring and Reporting); and
(i) it is not in breach of any term of this Agreement and that the amount claimed will not, if paid, result in any breach of this Agreement;
19.2.3 where the Relevant Consortium Member is an LA Provider, represents and warrants to Homes England:
(a) that it is not subject to any Section 15 Direction nor do any circumstances exist which would permit such a direction to be issued; and
(b) that no Section 114 Report has been made nor is it aware of any circumstances that would give rise to the making or any such report.
19.3 In submitting an application pursuant to this Clause 19.3 (Revenue Grant Claim Procedures) on its own behalf, the Lead Partner is deemed to represent and warrant to Homes England:
19.3.1 in the terms set out in Clauses 19.2.1 to 19.2.2(c) and 19.2.2(e) to 19.2.3 (Revenue Grant Claim Procedures) (inclusive) for the purposes of an application made pursuant to Clause 19.1 (Revenue Grant Claim Procedures); and
19.3.2 that all confirmations and certifications made or to be made by it in IMS in relation to the Revenue Firm Scheme have been are or will be correct in all material respects.
19.4 In submitting an application pursuant to this Clause 19 (Revenue Grant Claim Procedures), the Lead Partner is deemed to represent and warrant to Homes England that it retains its status as an Investment Partner.
Appears in 1 contract
Samples: Grant Agreement
