Suspension of Funding. 20.1 Without limiting its other rights, upon giving the Recipient at least 10 Business Days' prior notice, ARENA may suspend payment of the ARENA Funding in whole or in part if:
(a) there is a Material Breach that has continued for a period of 10 Business Days, and is continuing; or
(b) the Recipient has received, or requested to receive, grant funding from the Commonwealth or a State, Territory or local government other than the ARENA Funding or Contributions specified in the Budget.
20.2 The Recipient must not spend any ARENA Funding after it receives notice from ARENA under clause 20.1 (Suspension of Funding) unless and until ARENA notifies the Recipient otherwise.
20.3 ARENA's right to suspend payment under clause
20.1 (Suspension of Funding) will cease upon ARENA determining, acting reasonably, that the cause of the suspension has been remedied.
20.4 Regardless of whether ARENA exercises its right to suspend payment under this clause 20 (Suspension of Funding), the Recipient will not be entitled to payment of ARENA Funding unless the conditions to payment in clause 5 (Claims for payment) have been satisfied.
20.5 Despite any suspension to payment or direction not to spend ARENA Funding in accordance with clause
20.1 (Suspension of Funding), the Recipient must continue to comply with any obligations under this Agreement that are not materially affected by any such suspension.
Suspension of Funding. The Department may immediately suspend payment of all or part of the Funding if any of the following occurs:
Suspension of Funding. Without limiting clause 12.2, the Department may, in the Department's absolute discretion, immediately stop paying all or part of the Funding on giving written notice to the Organisation if any of the following occurs:
Suspension of Funding. (a) If, in Our reasonable opinion, You:
(i) have failed to provide the Services or otherwise comply with the Service Agreement;
(ii) have expended the Funding otherwise than in accordance with clause 7;
(iii) have changed any part of the Services and did not obtain Our prior approval for the change;
(iv) have not provided any information or reports as required by the Service Agreement or requested by Us; or
(v) have failed to comply with any relevant legislation, including the Governing Act, then We may suspend payment of the Funding, or part thereof, to You under the Service Agreement for a period of time and on specified conditions as notified by Us.
(b) If required under the Governing Act, We will only suspend payment of the Funding after following the show cause process under clause 14.
Suspension of Funding. Upon a Default by Tenant hereunder and during the continuance thereof, Landlord shall have the right to suspend funding of any TI Allowance.
Suspension of Funding. The Department may immediately suspend payment of all or part of the Funding if any of the following occurs: the Organisation has failed, or in the Department’s reasonable opinion is likely to fail, to deliver the Activity in accordance with this Agreement; the Organisation has misused or is reasonably suspected to have misused Funding, or has shown an inability to properly manage its Assets; the Organisation has breached the Agreement and notice has been given to the Organisation by the Department under clause 14.1 [Termination of Agreement]; the Department has concerns on reasonable grounds that the Organisation is not financially stable; or
Suspension of Funding. Without limiting its other rights, ARENA may, upon giving the Recipient at least 10 Business Days' prior notice, suspend payment of the ARENA Funding in whole or in part if: there is a Material Breach that has continued for a period of 10 Business Days, and is continuing; or the Recipient has received, or requested to receive, other funds from the Commonwealth for the Project. The Recipient must not spend any ARENA Funding after it receives notice from ARENA under clause 24.1 unless and until ARENA notifies the Recipient otherwise. XXXXX's right to suspend payment under clause 24.1 will cease upon ARENA determining, acting reasonably, that the cause of the suspension has been remedied. Regardless of whether ARENA exercises its right to suspend payment under this clause 24, the Recipient will not be entitled to payment of ARENA Funding unless the conditions to payment in clause 7 have been satisfied. Despite any suspension to payment or direction not to spend ARENA Funding in accordance with clause 24.1, the Recipient must: continue to comply with its obligations under this Agreement; and unless otherwise agreed by ARENA acting reasonably, continue carrying out the Project.
Suspension of Funding. 6.6.1. In the event the Council becomes aware of any matter or matters, whether relating to the Grant or the Works or otherwise that it considers may amount to a breach on the part of the Grant Recipient of its obligations under this agreement, the Council may postpone or suspend the payment of any part of the Grant so as to enable the Council and the Grant Recipient to investigate and resolve such matters.
6.6.2. The suspension of payments under Clause 6.6.1 shall be without prejudice to the right of the Grant Recipient under this agreement to receive the full amount of the Grant.
Suspension of Funding a) Funds may be suspended in whole or in part for cause prior to or in lieu of contract termination. Cause shall include, but is not limited to, the following:
(1) Failure to comply in any respect with any of the terms or conditions of this contract.
(2) Any violation of applicable state, local, or federal regulations or SDWP guidelines.
(3) Submittal of reports to SDWP that are incorrect in any substantial and material respect.
(4) The grant to SDWP for this program is terminated or suspended.
(5) The Subrecipient is unable or unwilling to accept any additional conditions that may be required by law, by executive order, by regulations, or by other policy announced by the grantor or SDWP.
b) Upon suspension of contract funding, Subrecipient agrees not to expend any funds related to or connected with the area of conflict from which SDWP has determined that suspension of contract funding is necessary.
c) It is understood and agreed that subrecipient shall submit to SDWP a contract closeout package in accordance with the procedures delineated in the Chapter VI, Financial Management, of the Operations Manual. Failure to submit said package shall result in the withholding of any final payment due under this contract and/or payments or advances requested under other SDWP-funded contracts until such time as SDWP receives Subrecipient’s closeout package for this contract.
Suspension of Funding. In addition to its rights under clause 16, MLA may suspend payment of any of the Funds by written notice to the Research Organisation if the Research Organisation: does not achieve a Milestone; or is in breach of any of its obligations under this Agreement, until the Milestone is achieved or the breach is rectified, as the case may be, to the reasonable satisfaction of MLA. The Research Organisation must, with the Funds, and in accordance with the Budget, purchase the assets specified in the Budget. The Research Organisation will own any Assets: purchased with the Funds; or developed by the Research Organisation in the course of the Project, for the term of the Project. The Research Organisation acknowledges that MLA will retain ownership of any Assets it provides. The Research Organisation is solely responsible for the safekeeping, maintenance and control of any Assets used for the Project and for all other costs and liabilities associated with the Assets. The Research Organisation acknowledges that the provision of MLA Assets to the Research Organisation may create a security interest in those assets for the purpose of the Personal Property Securities Xxx 0000 (Cth) (PPSA) that is registrable on the Personal Property Securities Register. Upon request by MLA, the Research Organisation will execute any and all documents requested by MLA to perfect its security interest. If MLA registers its security interest under the PPSA: to the extent permitted under the PPSA, MLA and the Research Organisation each agree to contract out of the provisions listed in section 115 of the PPSA; and the Research Organisation waives any rights that it may otherwise have to: receive any notices that it may otherwise be entitled to receive under sections 95, 118, 121, 130, 132 and 135 of the PPSA, and any other relevant sections of the PPSA; and receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest that MLA has in an Asset. The Research Organisation must not encumber or, subject to clause 5.10, Dispose of any Asset. On the termination of this Agreement, or earlier if requested by MLA, the Research Organisation must on MLA’s election either: return to MLA all Assets provided by MLA and assign to MLA, at no cost to MLA, ownership of all other Assets free from all encumbrances; or with the approval of MLA, sell any Assets to any other person on arm’s length terms, and disburse t...
