Common use of Subsidy Clause in Contracts

Subsidy. 20.1 The parties acknowledge that they have structured this Agreement with the objective that it is lawful and does not give rise to Subsidy. 20.2 Notwithstanding anything in this Agreement the GLA shall only provide Named Project Grant to the extent that such does not give rise to Unlawful Subsidy. 20.3 Notwithstanding Conditions 20.1 and 20.2 of this Agreement if any Named Project Grant is found to constitute Unlawful Subsidy (or is under investigation or subject to judicial proceedings in relation to compliance with the requirements of the Subsidy Control Requirements) then: 20.3.1 the parties acting in good faith will promptly seek to restructure the arrangements surrounding the Named Project Grant and the terms of this Agreement to the extent necessary to ensure that no Unlawful Subsidy subsequently arises from it; and/or 20.3.2 the parties shall promptly cooperate in good faith to provide evidence that the Named Project Grant (or the restructured Named Project Grant) does not or will not give rise to Unlawful Subsidy. 20.4 If any Named Project Grant is found to constitute Unlawful Subsidy and/or is not capable of being restructured so as to be compliant pursuant to Condition 20.3 then the Grant Recipient must repay any sum of Unlawful Subsidy plus such interest as is prescribed by the Subsidy Control Requirements within 15 (fifteen) Business Days of the GLA issuing it with a written demand for payment. 20.5 If, following the date of this Agreement, the law requires the GLA to amend this Agreement to comply with the Subsidy Control Requirements then the GLA may, acting reasonably, provide written notice to the Grant Recipient to vary this Agreement to the extent necessary to comply with such change in law. 20.6 The Grant Recipient shall promptly give written notice to the GLA if it becomes aware of an allegation or a finding that Unlawful Subsidy has arisen in relation to this Agreement (including the delivery of the Grant Recipient's obligations under it) and/or the Named Project Grant, whether the same allegation or finding relates to the Grant Recipient or otherwise.

Subsidy. 20.1 The This Agreement is drafted with the intention that it is lawful and complies with the requirements of the United Kingdom Competition Requirement. 20.2 Where the Relevant Consortium Member is an RP Provider: 20.2.1 the Relevant Consortium Member acknowledges and accepts the SPEI Entrustment; 20.2.2 if the Agreement Funding gives rise to an SPEI Overpayment or otherwise constitutes Unlawful Subsidy then Homes England shall be entitled to recover from the Relevant Consortium Member the amount of such SPEI Overpayment and/or Unlawful Subsidy together with such interest as it is required by Legislation to recover and the Relevant Consortium Member must pay such amount(s) within ten (10) Business Days of Homes England requesting repayment; and 20.2.3 the Relevant Consortium Member shall promptly give written notice to Homes England of any Public Sector Funding it receives from a third party in relation to any AHP Housing. 20.3 Where the Relevant Consortium Member is an LA Provider: 20.3.1 notwithstanding that the parties acknowledge that they have structured entered into this Agreement with the objective that it is lawful and does not give rise to Subsidy. 20.2 Notwithstanding anything in this Agreement complies with the GLA shall only provide Named Project Grant to requirements of the extent that such does not give rise to Unlawful Subsidy. 20.3 Notwithstanding Conditions 20.1 and 20.2 of this Agreement United Kingdom Competition Requirement, if any Named Project Grant Agreement Funding used by an LA Provider is found to constitute Unlawful Subsidy (or is under investigation by a Competent Authority or subject to judicial proceedings in relation to compliance with the requirements of the Subsidy Control RequirementsUnited Kingdom Competition Requirement) then: 20.3.1 (a) the parties acting in good faith will promptly seek to restructure the arrangements surrounding the Named Project Grant such Agreement Funding and the terms of this Agreement to the extent necessary to ensure that no Unlawful Subsidy subsequently arises from it; and/or 20.3.2 (b) the parties shall promptly cooperate in good faith to provide evidence that the Named Project Grant such Agreement Funding (or the restructured Named Project Firm Scheme Grant) does not or will not give rise to Unlawful Subsidy.; and 20.4 If 20.3.2 if any Named Project Grant Agreement Funding used by an LA Provider is found to constitute Unlawful Subsidy and/or is not capable of being restructured so as to be compliant pursuant to Condition 20.3 then the Grant Recipient Relevant Consortium Member must repay any sum of Unlawful Subsidy plus such interest as is prescribed by the Subsidy Control Requirements United Kingdom Competition Requirement within 15 ten (fifteen10) Business Days of the GLA Homes England issuing it with a written demand for payment. 20.5 20.4 If, following the date of this Agreement, the law Legislation requires the GLA Homes England to amend this Agreement to comply with the Subsidy Control Requirements a United Kingdom Competition Requirement then the GLA Homes England may, acting reasonably, provide written notice to the Grant Recipient Consortium to vary this Agreement to the extent necessary to comply with such change in lawLegislation. 20.6 The Grant Recipient shall promptly give written notice to the GLA if it becomes aware of an allegation or a finding that Unlawful Subsidy has arisen in relation to this Agreement (including the delivery of the Grant Recipient's obligations under it) and/or the Named Project Grant, whether the same allegation or finding relates to the Grant Recipient or otherwise.

Subsidy. 20.1 19.1 The parties acknowledge that they have structured this Agreement with the objective that it is lawful and does not give rise to Subsidy. 20.2 19.2 Notwithstanding anything in this Agreement the GLA shall only provide Named Project Grant to the extent that such does not give rise to Unlawful Subsidy. 20.3 19.3 Notwithstanding Conditions 20.1 19.1 and 20.2 19.2 of this Agreement if any Named Project Grant is found to constitute Unlawful Subsidy (or is under investigation or subject to judicial proceedings in relation to compliance with the requirements of the Subsidy Control RequirementsAct) then: 20.3.1 19.3.1 the parties acting in good faith will promptly seek to restructure the arrangements surrounding the Named Project Grant and the terms of this Agreement to the extent necessary to ensure that no Unlawful Subsidy subsequently arises from it; and/or 20.3.2 19.3.2 the parties shall promptly cooperate in good faith to provide evidence that the Named Project Grant (or the restructured Named Project Grant) does not or will not give rise to Unlawful Subsidy. 20.4 19.4 If any Named Project Grant is found to constitute Unlawful Subsidy and/or is not capable of being restructured so as to be compliant pursuant to Condition 20.3 then the Grant Recipient must repay any sum of Unlawful Subsidy plus such interest as is may be prescribed by the Subsidy Control Requirements Act within 15 (fifteen) Business Days of the GLA issuing it with a written demand for payment. 20.5 19.5 If, following the date of this Agreement, the law requires the GLA to amend this Agreement to comply with the Subsidy Control Requirements Act then the GLA may, acting reasonably, provide written notice to the Grant Recipient to vary this Agreement to the extent necessary to comply with such change in law. 20.6 19.6 The Grant Recipient shall promptly give written notice to the GLA if it becomes aware of an allegation or a finding that Unlawful Subsidy has arisen in relation to this Agreement (including the delivery of the Grant Recipient's obligations under it) and/or the Named Project Grant, whether the same allegation or finding relates to the Grant Recipient or otherwise.

Subsidy. 20.1 4.1 The parties acknowledge that they have structured this Agreement with the objective that it is lawful and does not give rise to Subsidy. 20.2 4.2 Notwithstanding anything in this Agreement Agreement, the GLA shall only provide any Named Project Grant to the extent that such payment does not give rise to Unlawful Subsidy. 20.3 4.3 Notwithstanding Conditions 20.1 4.1 and 20.2 4.2 of this Agreement if any Named Project Grant is found to constitute Unlawful Subsidy (or is under investigation or subject to judicial proceedings in relation to compliance with the requirements of the Subsidy Control RequirementsUnlawful Subsidy) then: 20.3.1 4.3.1 the parties acting in good faith will promptly seek to restructure the arrangements surrounding the Named Project Grant and the terms of this Agreement to the extent necessary to ensure that no Unlawful Subsidy subsequently arises from it; and/or 20.3.2 4.3.2 the parties shall promptly cooperate in good faith to provide evidence that the Named Project Grant (or the restructured Named Project Grant) does not or will not give rise to Unlawful Subsidy. 20.4 4.4 If any Named Project Grant is found to constitute Unlawful Subsidy and/or is not capable of being restructured so as to be compliant pursuant to Condition 20.3 then the Grant Recipient must repay any sum of Unlawful Subsidy plus such interest as is prescribed by the Subsidy Control United Kingdom Competition Requirements within 15 fifteen (fifteen15) Business Days of the GLA issuing it with a written demand for payment. 20.5 4.5 If, following the date of this Agreement, the law requires the GLA to amend this Agreement to comply with the Subsidy Control United Kingdom Competition Requirements then the GLA may, acting reasonably, provide written notice to the Grant Recipient to vary this Agreement to the extent necessary to comply with such change in law. 20.6 The Grant Recipient shall promptly give written notice to the GLA if it becomes aware of an allegation or a finding that Unlawful Subsidy has arisen in relation to this Agreement (including the delivery of the Grant Recipient's obligations under it) and/or the Named Project Grant, whether the same allegation or finding relates to the Grant Recipient or otherwise.

Subsidy. 20.1 The parties acknowledge that they have structured this This Agreement is drafted with the objective intention that it is lawful and does not give complies with the requirements of the United Kingdom Competition Requirement (if applicable). Where a Consortium Member is a RP Provider: if the Agreement Funding or any part thereof gives rise to Subsidy. 20.2 Notwithstanding anything in this Agreement an SPEI Overpayment or otherwise constitutes Unlawful Subsidy then the GLA shall only provide Named Project Grant be entitled to recover from the Relevant Consortium Member the amount of such SPEI Overpayment and/or Unlawful Subsidy together with such interest as it is required by Legislation to recover and the Relevant Consortium Member must pay such amount(s) within ten (10) Business Days of the GLA requesting repayment; and the Relevant Consortium Member shall promptly give written notice to the extent that such does not give rise GLA of any Public Sector Funding it receives from a third party in relation to Unlawful Subsidy. 20.3 Notwithstanding any AHP Housing. Where a Consortium Member is an LA Provider: notwithstanding Conditions 20.1 4.3.1 and 20.2 4.3.2 of this Agreement if any Named Project Grant is found to constitute Unlawful Subsidy (or is under investigation or subject to judicial proceedings in relation to compliance with the requirements of the Subsidy Control RequirementsUnlawful Subsidy) then: 20.3.1 (a) the parties GLA and the Relevant Consortium Member acting in good faith will promptly seek to restructure the arrangements surrounding the Named Project Grant and the terms of this Agreement to the extent necessary to ensure that no Unlawful Subsidy subsequently arises from it; and/or 20.3.2 (b) the parties GLA and the Relevant Consortium Member shall promptly cooperate in good faith to provide evidence that the Named Project Grant (or the restructured Named Project Grant) does not or will not give rise to Unlawful Subsidy. 20.4 If ; and if any Named Project Grant is found to constitute Unlawful Subsidy and/or is not capable of being restructured so as to be compliant pursuant to Condition 20.3 then the Grant Recipient Relevant Consortium Member must repay any sum of Unlawful Subsidy plus such interest as is prescribed by the Subsidy Control United Kingdom Competition Requirements within 15 fifteen (fifteen15) Business Days of the GLA issuing it with a written demand for payment. 20.5 If, following the date of this Agreement, the law . If Legislation requires the GLA to amend this Agreement to comply with the Subsidy Control United Kingdom Competition Requirements then the GLA may, acting reasonably, provide written notice to the Grant Recipient Lead Partner to vary this Agreement to the extent necessary to comply with such change in law. 20.6 The Grant Recipient shall promptly give written notice . Where the proposals referred to in Condition 5.1 are accepted by the GLA if it becomes aware through OPS, they will become Indicative Proposals for the purposes of an allegation or a finding that Unlawful Subsidy has arisen in relation to this Agreement with effect from the date of their acceptance by the GLA in OPS and the provisions Conditions 5.3 to 5.11 (including inclusive) shall apply. Profiled into Named Projects on OPS in accordance with the delivery procedures set out in Condition 6.1; and achieve Start on Site in the relevant Start Year. If the Consortium fails (or in the opinion of the Grant Recipient's GLA, acting reasonably, is likely to fail) to comply with its obligations under itCondition 5.3, the GLA shall (without prejudice to its other rights under this Agreement) and/or be entitled to: Once Unprofiled Indicative Dwellings have been Profiled into one or more Named Projects on OPS in accordance with Condition 6.1.2 and accepted by GLA, the Indicative Allocation shall be reduced by an amount equal to the Named Project Grant allocated to those Named (Indicative) Projects. Any reduction in the Indicative Allocation made pursuant to Condition 5.4.2 will result in a commensurate reduction in the Allocated Total Grant. Each Consortium Member confirms that it has received (either through OPS or through the Lead Partner) confirmation of the Average Grant Rate for each Tenure. Each Consortium Member acknowledges and agrees that they will use all reasonable endeavours to ensure that by the date that the final Unprofiled Indicative Dwelling is Profiled into a Named Project in accordance with the requirements of this Agreement, whether the same allegation average of the grant rates (set out on OPS) applied to all AHP Dwellings comprised in Named (Indicative) Projects by Tenure Type will be equal to or finding relates less than the Average Grant Rate for that Tenure Type. the Allocated Net Grant; the Average Grant Rates; the Indicative Allocation; and the Annual Committed Number for the applicable Start Year(s). If the GLA (in its absolute discretion) rejects the submission of additions to the Grant Recipient or otherwiseIndicative Proposals on OPS, such additions shall be disregarded and the Agreement shall continue on the basis of the Indicative Proposals set out on OPS prior to the submission of any additions pursuant to Condition 5.8. If the GLA has exercised its rights under Condition 5.4.1, such Non Start Indicative Dwellings shall be deemed to be removed from the Indicative Proposals.

Subsidy. 20.1 The parties acknowledge that they have structured this Agreement with the objective that it is lawful and does not give rise to Subsidycomplies with the Subsidy Control Requirements. 20.2 Notwithstanding anything in this Agreement the GLA shall only provide Grant Recipient must comply with the requirements of the Subsidy Control Requirements (where applicable) in respect of any Named Project Grant to the extent that such does not give rise to Unlawful SubsidyGrant. 20.3 The Grant Recipient acknowledges and accepts the SPEI Assignment. 20.4 Notwithstanding Conditions 20.1 and 20.2 of this Agreement if any Named Project Grant is found gives rise to constitute an SPEI Overpayment or otherwise constitutes Unlawful Subsidy (including where this arises due to an act or is under investigation or subject to judicial proceedings in relation to compliance with the requirements omission of the Subsidy Control Requirements) Grant Recipient then: 20.3.1 20.4.1 the parties acting in good faith will promptly seek to restructure the arrangements surrounding the Named Project Grant and the terms of this Agreement to the extent necessary to ensure that no Unlawful Subsidy or SPEI Overpayment (as applicable) subsequently arises from it; and/or 20.3.2 20.4.2 the parties shall promptly cooperate in good faith to provide evidence that the Named Project Grant (or the restructured Named Project Grant) does not or will not give rise to Unlawful SubsidySubsidy or SPEI Overpayment (as applicable). 20.4 20.5 If any Named Project Grant is found gives rise to constitute an SPEI Overpayment or otherwise constitutes Unlawful Subsidy (including where this arises due to an act or omission of the Grant Recipient) and/or is not capable of being restructured so as to be compliant pursuant to Condition 20.3 then the Grant Recipient must repay any sum the amount of such SPEI Overpayment and/or Unlawful Subsidy plus such interest as is may be prescribed by the Subsidy Control Requirements within 15 (fifteen) Business Days of the GLA issuing it with a written demand for payment. 20.5 20.6 If, following the date of this Agreement, the law requires the GLA to amend this Agreement to comply with the Subsidy Control Requirements then the GLA may, acting reasonably, provide written notice to the Grant Recipient to vary this Agreement to the extent necessary to comply with such change in law. 20.6 20.7 The Grant Recipient shall promptly give written notice to the GLA GLA: 20.7.1 of any Public Sector Funding it receives from a third party in relation to any Named Project (without prejudice to its obligations elsewhere in this Agreement); 20.7.2 if it becomes aware of an allegation or a finding that Unlawful Subsidy has arisen in relation to this Agreement (including the delivery of the Grant Recipient's obligations under it) and/or the Named Project Grant, whether the same allegation or finding relates to the Grant Recipient or otherwise.

Subsidy. 20.1 The parties acknowledge that they have structured this This Agreement is drafted with the objective intention that it is lawful and does not give complies with the requirements of the United Kingdom Competition Requirement (if applicable). Where a Consortium Member is a RP Provider: if the Agreement Funding or any part thereof gives rise to Subsidy. 20.2 Notwithstanding anything in this Agreement an SPEI Overpayment or otherwise constitutes Unlawful Subsidy then the GLA shall only provide Named Project Grant be entitled to recover from the Relevant Consortium Member the amount of such SPEI Overpayment and/or Unlawful Subsidy together with such interest as it is required by Legislation to recover and the Relevant Consortium Member must pay such amount(s) within ten (10) Business Days of the GLA requesting repayment; and the Relevant Consortium Member shall promptly give written notice to the extent that such does not give rise GLA of any Public Sector Funding it receives from a third party in relation to Unlawful Subsidy. 20.3 Notwithstanding any AHP Housing. Where a Consortium Member is an LA Provider: notwithstanding Conditions 20.1 4.3.1 and 20.2 4.3.2 of this Agreement if any Named Project Grant is found to constitute Unlawful Subsidy (or is under investigation or subject to judicial proceedings in relation to compliance with the requirements of the Subsidy Control RequirementsUnlawful Subsidy) then: 20.3.1 (a) the parties GLA and the Relevant Consortium Member acting in good faith will promptly seek to restructure the arrangements surrounding the Named Project Grant and the terms of this Agreement to the extent necessary to ensure that no Unlawful Subsidy subsequently arises from it; and/or 20.3.2 (b) the parties GLA and the Relevant Consortium Member shall promptly cooperate in good faith to provide evidence that the Named Project Grant (or the restructured Named Project Grant) does not or will not give rise to Unlawful Subsidy. 20.4 If ; and if any Named Project Grant is found to constitute Unlawful Subsidy and/or is not capable of being restructured so as to be compliant pursuant to Condition 20.3 then the Grant Recipient Relevant Consortium Member must repay any sum of Unlawful Subsidy plus such interest as is prescribed by the Subsidy Control United Kingdom Competition Requirements within 15 fifteen (fifteen15) Business Days of the GLA issuing it with a written demand for payment. 20.5 If, following the date of this Agreement, the law . If Legislation requires the GLA to amend this Agreement to comply with the Subsidy Control United Kingdom Competition Requirements then the GLA may, acting reasonably, provide written notice to the Grant Recipient Lead Partner to vary this Agreement to the extent necessary to comply with such change in law. 20.6 The Grant Recipient shall promptly give written notice . Where the proposals referred to in Condition 5.1 are accepted by the GLA if it becomes aware through OPS, they will become Indicative Proposals for the purposes of an allegation or a finding that Unlawful Subsidy has arisen in relation to this Agreement with effect from the date of their acceptance by the GLA in OPS and the provisions Conditions 5.3 to 5.11 (including inclusive) shall apply. Profiled into Named Projects on OPS in accordance with the delivery procedures set out in Condition 6.1; and achieve Start on Site in the relevant Start Year. If the Consortium fails (or in the opinion of the Grant Recipient's GLA, acting reasonably, is likely to fail) to comply with its obligations under itCondition 5.3, the GLA shall (without prejudice to its other rights under this Agreement) and/or be entitled to: Once Unprofiled Indicative Dwellings have been Profiled into one or more Named Projects on OPS in accordance with Condition 6.1.2 and accepted by GLA, the Indicative Allocation shall be reduced by an amount equal to the Named Project Grant allocated to those Named (Indicative) Projects. Any reduction in the Indicative Allocation made pursuant to Condition 5.4.2 will result in a commensurate reduction in the Allocated Total Grant. Each Consortium Member confirms that it has received (either through OPS or through the Lead Partner) confirmation of the Average Grant Rate for each Tenure. Each Consortium Member acknowledges and agrees that they will use all reasonable endeavours to ensure that by the date that the final Unprofiled Indicative Dwelling is Profiled into a Named Project in accordance with the requirements of this Agreement, whether the same allegation average of the grant rates (set out on OPS) applied to all AHP Dwellings comprised in Named (Indicative) Projects by Tenure Type will be equal to or finding relates less than the Average Grant Rate for that Tenure Type. the Allocated Net Grant; the Average Grant Rates; the Indicative Allocation; and If the GLA (in its absolute discretion) rejects the submission of additions to the Grant Recipient or otherwiseIndicative Proposals on OPS, such additions shall be disregarded and the Agreement shall continue on the basis of the Indicative Proposals set out on OPS prior to the submission of any additions pursuant to Condition 5.8. If the GLA has exercised its rights under Condition 5.4.1, such Non Start Indicative Dwellings shall be deemed to be removed from the Indicative Proposals.