Common use of Sanctions and Penalties Clause in Contracts

Sanctions and Penalties. 14.1 The Grantee acknowledges and accepts that special conditions may be imposed by the Agency, and certain enforcement remedies exercised (set forth within OMB’s UG), if the Grantee has been designated as a "high risk" grantee. Special conditions or restrictions could include: 14.1.1 payment on a reimbursement basis; 14.1.2 withholding authority to proceed to the next project phase until receipt of evidence of acceptable performance; 14.1.3 additional and more detailed financial reporting; 14.1.4 additional project monitoring; 14.1.5 requiring the Grantee to obtain technical or management assistance; 14.1.6 establishing additional prior approvals; or 14.1.7 other conditions or restrictions appropriate to the circumstances. 14.2 The Grantee acknowledges and accepts that failure of the Grantee to comply with any provision of this grant award, whether stated in a federal or state statute or regulation, Commission rules, an assurance, a certification, an application or Agency policies or procedures referenced in a grant award may subject the Grantee to sanctions and enforcement or remedial measures appropriate to the circumstances, including temporary withholding of cash payments, disallowance of costs, whole or partial suspension of the award, withholding of further awards, or other remedies that may be legally available. 14.3 The Grantee is an independent contractor and not an employee or agent of the Agency and as such indemnifies the Agency against all disallowed costs or other claims that may be asserted by any third party in connection with any training program or project funded subject to this grant award. 14.4 The Grantee shall be liable to repay to the Agency any funds not expended in accordance with this grant award, or determined to be expended in violation of the terms of this grant award and under OMB’s UG applicable to educational institutions, including loss arising from a fraudulent or dishonest act of the Grantee's officers, and employees holding positions of fiduciary trust. 14.5 All repayment made by the Grantee to the Agency pursuant to Section 14.3 or 14.4 of this GTC shall be from non-federal funds. 14.6 The Grantee's failure to make repayment to the Agency within thirty (30) days after demand may result in legal actions to recover such funds and any additional costs incurred by the Agency, including allowable interest.

Sanctions and Penalties. 14.1 The Grantee acknowledges and accepts that special conditions may be imposed by the Agency, and certain enforcement remedies exercised (set forth within OMB’s UG), if the Grantee has been designated as a "high risk" grantee. Special conditions or restrictions could include: 14.1.1 payment on a reimbursement basis; 14.1.2 withholding authority to proceed to the next project phase until receipt of evidence of acceptable performance; 14.1.3 additional and more detailed financial reporting; 14.1.4 additional project monitoring; 14.1.5 requiring the Grantee to obtain technical or management assistance; 14.1.6 establishing additional prior approvals; or 14.1.7 other conditions or restrictions appropriate to the circumstances. 14.2 The Grantee acknowledges and accepts that failure of the Grantee to comply with any provision of this grant award, whether stated in a federal or state statute or regulation, Commission rules, an assurance, a certification, an application application, or Agency policies or procedures referenced in a grant award may subject the Grantee to sanctions and enforcement or remedial measures appropriate to the circumstances, including temporary withholding of cash payments, disallowance of costs, whole or partial suspension of the award, withholding of further awards, awards or other remedies that may be legally available. 14.3 The Grantee is an independent contractor and not an employee or agent of the Agency and as such indemnifies the Agency against all disallowed costs or other claims that may be asserted by any third party in connection with any training program or project funded subject to this grant award. 14.4 The Grantee shall be liable to repay to the Agency any funds not expended in accordance with this grant award, or determined to be expended in violation of the terms of this grant award and under OMB’s UG applicable to educational institutions, including loss arising from a fraudulent or dishonest act of the Grantee's officers, officers and employees holding positions of fiduciary trust. 14.5 All repayment made by the Grantee to the Agency pursuant to Section 14.3 13.3 or 14.4 13.4 of this GTC shall be from non-federal funds. 14.6 The Grantee's failure to make repayment to the Agency within thirty (30) days after demand may result in legal actions to recover such funds and any additional costs incurred by the Agency, including allowable interest.