Common use of Subsidy, Commencement and Term Clause in Contracts

Subsidy, Commencement and Term. 2.1 Subject to the Ceiling of Subsidy and the rules of allocation of subsidy as set out in Paragraph 9 of the Application Notes, and subject to the Recipient’s implementation of the Project to the satisfaction of the Government and the Recipient’s compliance with the terms and conditions of this Agreement and the Initial Subsidy Agreement, the Government agrees to provide a Subsidy to the Recipient for the implementation and completion of the Project in accordance with this Agreement and the Initial Subsidy Agreement (including without limitation the Approved Application and the Approved Works Specifications). 2.2 The Recipient is required to commence and complete the Project before the Completion Date or within such time as determined and specified by the Government. 2.3 The Subsidy shall be used to cover for the costs of the Project as set out in Paragraph 5 of the Application Notes. 2.4 The following items will not be funded under EHSS: (a) supply or installation of EV chargers or EV supply equipment to be connected to the EVCEI installed under the Project; (b) load management system for the EVCEI installed under the Project; (c) operation, maintenance and insurance costs of the EVCEI installed under the Project; (d) where applicable, operation, maintenance and insurance costs of fire detection system installed under the Project; (e) any EVCEI or charging facilities previously installed in the Car Park prior to the Application; (f) any costs of installing the EVCEI which have exceeded the Subsidy amount or the Ceiling of Subsidy; (g) any additional costs of demolishing, modifying all or any part of the installed EVCEI or any costs for installation works associated with the installed EVCEI after Completion of the Project; (h) where applicable, any amount in excess of the Installation Works Contract Price or the Contractor Subsidy, whichever is lower, which is incurred by the Recipient in engaging another contractor pursuant to Clause 3.2 below to complete the uncompleted services under the Installation Works Contract and all costs and expenses incurred in making the arrangements for the same including conducting tender for the uncompleted services under the Installation Works Contract; (i) where applicable, any amount in excess of the Consultancy Contract Price incurred by the Recipient in engaging another consultant pursuant to Clause 3.2 of the Initial Subsidy Agreement to complete the uncompleted services under the Consultancy Contract and all costs and expenses incurred in making the arrangements for the same including conducting tender for the uncompleted services under the Consultancy Contract; and (j) any items in the Installation Works Contract which are outside the scope of EHSS or not stated as included in the Approved Works Specifications. 2.5 The Government’s decision as to whether it would fund any of the items in the Installation Works Contract shall be final and the Government is not obliged to give any reasons to the Recipient or any other persons for its decision. 2.6 Subject to earlier termination as provided in this Agreement, this Agreement shall commence on the date when this Agreement is duly signed by both parties and shall expire on the Completion of the Project or such other date as may be specified by the Government in writing.

Appears in 3 contracts

Samples: Further Subsidy Agreement, Further Subsidy Agreement, Further Subsidy Agreement

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Subsidy, Commencement and Term. 2.1 Subject to the Ceiling of Subsidy and the rules of allocation of subsidy as set out in Paragraph 9 of the Application Notes, and subject to the Recipient’s implementation of the Project to the satisfaction of the Government and the Recipient’s compliance with the terms and conditions of this Agreement and the Initial Further Subsidy Agreement, the Government agrees to provide a Subsidy to the Recipient for the implementation and completion of the Project in accordance with this Agreement and the Initial Further Subsidy Agreement (including without limitation the Approved Application and the Approved Works SpecificationsApplication). 2.2 The Recipient is required to commence and complete the Project before the Completion Date or within such time as determined and specified by the Government. 2.3 The Subsidy shall be used to cover for the costs of the Project as set out in Paragraph 5 of the Application Notes. 2.4 The following items will not be funded under EHSS: (a) supply or installation of EV chargers or EV supply equipment to be connected to the EVCEI installed under the Project; (b) load management system for the EVCEI installed under the Project; (c) operation, maintenance and insurance costs of the EVCEI installed under the Project; (d) where applicable, operation, maintenance and insurance costs of fire detection system installed under the Project; (e) any EVCEI or charging facilities previously installed in the Car Park prior to the Application; (f) any costs of installing the EVCEI which have exceeded the Subsidy amount or the Ceiling of Subsidyamount; (g) any additional costs of demolishing, modifying all or any part of the installed EVCEI or any costs for installation works associated with the installed EVCEI after Completion of the Project; (h) where applicable, any amount in excess of the Installation Works Contract Price or the Contractor Subsidy, whichever is lower, which is incurred by the Recipient in engaging another contractor consultant pursuant to Clause 3.2 below to complete the uncompleted services under the Installation Works Contract and all costs and expenses incurred in making the arrangements for the same including conducting tender for the uncompleted services under the Installation Works Contract; (i) where applicable, any amount in excess of the Consultancy Contract Price incurred by the Recipient in engaging another consultant pursuant to Clause 3.2 of the Initial Subsidy Agreement to complete the uncompleted services under the Consultancy Contract and all costs and expenses incurred in making the arrangements for the same including conducting tender for the uncompleted services under the Consultancy Contract; and (ji) any items in the Installation Works Contract which are outside the scope of EHSS or not stated as included in the Approved Works SpecificationsDesign Guidelines. 2.5 The Government’s decision as to whether it would fund any of the items in the Installation Works Contract shall be final and the Government is not obliged to give any reasons to the Recipient or any other persons for its decision. 2.6 Subject to earlier termination as provided in this Agreement, this Agreement shall commence on the date when this Agreement is duly signed by both parties and shall expire on the Completion of the Project or such other date as may be specified by the Government in writing.

Appears in 2 contracts

Samples: Initial Subsidy Agreement, Initial Subsidy Agreement

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