Common use of Termination of the Grant for the project Clause in Contracts

Termination of the Grant for the project. The ARC may immediately terminate a Grant for the project by notifying You, if: You commit any breach of this Agreement which the ARC considers is not capable of remedy; the ARC is of the opinion that progress on the project is not satisfactory; the ARC reasonably believes that one or more of the conditions, as set out in this Agreement, have not been satisfied in relation to that project; the ARC receives notice that the project’s activities will cease, or have ceased; the ARC reasonably believes that it has received inaccurate, incomplete or misleading information in relation to the project, including in the application or in any report provided under this Agreement; the ARC reasonably believes there is fraud, misleading or deceptive conduct on the part of You, the project, Specified Personnel, Personnel or any other Participating Organisation in connection with the project; You fail to comply with any additional ARC requirement or condition; You are unable to continue Your role for any reason; the Commonwealth terminates its commitment in the event of a change of government policy or other related government requirements; or the ARC considers that the integrity of its Grant selection processes, funding recommendations and/or funded projects have been compromised as a result of the outcome of the investigation of research integrity and research misconduct complaints and allegations. If the ARC terminates the Grant for the project under this clause: You must immediately take all available and reasonable steps to stop any further expenditure of Grant funds on the project; You must provide the reports required by this Agreement within the timeframes specified in this Agreement, unless otherwise notified by the ARC; and the ARC may recover any or all Grant funds for the project. Any amount notified to You as payable under this clause is a debt due to the ARC (without further proof of the debt being necessary), payable within 30 days of the date of the notice. Cancellation or reduction for convenience The Commonwealth may cancel or reduce the scope of this Agreement by notice, due to: a change in government policy; or a change in Your circumstances which the Commonwealth reasonably believes will negatively affect Your ability to comply with this Agreement. On receipt of a notice of reduction or cancellation under this clause, You agree to: stop or reduce the performance of Your obligations as specified in the notice; take all available steps to minimise loss resulting from that reduction or cancellation; continue performing any part of the Activity or this Agreement not affected by the notice if requested to do so by the Commonwealth; and report on, and return any part of, the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth. In the event of reduction or cancellation under this clause, the Commonwealth will be liable only to: pay any part of the Grant due and owing to You under this Agreement at the date of the notice; and reimburse any reasonable and substantiated expenses You unavoidably incur that relate directly and entirely to the reduction in scope or cancellation of this Agreement. In the event of reduction, the amount of the Grant will be reduced in proportion to the reduction in the scope of this Agreement. The Commonwealth’s liability to pay any amount under this clause is: subject to Your compliance with this Agreement; and limited to an amount that when added to all other amounts already paid under this Agreement will not exceed the total amount of the Grant.

Appears in 1 contract

Samples: Commonwealth Grant Agreement

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Termination of the Grant for the project. The ARC 35.3.1 We may immediately terminate a Grant for the project by notifying You, if: : (a) You commit any breach of this Agreement which the ARC considers We consider is not capable of remedy; the ARC is ; (b) We are of the opinion that progress on the project is not satisfactory; the ARC reasonably believes ; (c) We believe that one or more of the conditions, as set out in this Agreement, have not been satisfied in relation to that project; the ARC receives ; (d) We receive notice that the project’s activities will cease, or have ceased; the ARC reasonably believes ; (e) We believe that it has We have received inaccurate, incomplete or misleading information in relation to the project, including in the application or in any report provided under this Agreement; the ARC reasonably believes ; (f) We believe there is fraud, misleading or deceptive conduct on the part of You, the project, Specified Personnel, Personnel or any other Participating Organisation in connection with the project; ; (g) You fail to comply with any additional ARC requirement or condition; ; (h) You are unable to continue Your role for any reason; ; (i) the Commonwealth terminates its commitment in the event of a change of government policy or other related government requirements; or the ARC considers or (j) We consider that the integrity of its Grant selection processes, funding recommendations and/or funded projects have been compromised as a result of the outcome of the investigation of research integrity and research misconduct complaints and allegations. . 35.3.2 If the ARC terminates We terminate the Grant for the project under this clause: : (a) You must immediately take all available and reasonable steps to stop any further expenditure of Grant funds on the project; ; (b) You must provide the reports required by this Agreement within the timeframes specified in this Agreement, unless otherwise notified by the ARCUs; and the ARC and (c) We may recover any or all Grant funds for the project. . 35.3.3 Any amount notified to You as payable under this clause is a debt due to the ARC Us (without further proof of the debt being necessary), payable within 30 days of the date of the notice. Cancellation or reduction for convenience convenience 36.1 The Commonwealth may cancel or reduce the scope of this Agreement by notice, due to: : (a) a change in government policy; or or (b) a change in Your circumstances which the Commonwealth reasonably believes will negatively affect Your ability to comply with this Agreement. . 36.2 On receipt of a notice of reduction or cancellation under this clause, You agree to: : (a) stop or reduce the performance of Your obligations as specified in the notice; ; (b) take all available steps to minimise loss resulting from that reduction or cancellation; ; (c) continue performing any part of the Activity or this Agreement not affected by the notice if requested to do so by the Commonwealth; and and (d) report on, and return any part of, the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth. . 36.3 In the event of reduction or cancellation under this clause, the Commonwealth will be liable only to: : (a) pay any part of the Grant due and owing to You under this Agreement at the date of the notice; and and (b) reimburse any reasonable and substantiated expenses You unavoidably incur that relate directly and entirely to the reduction in scope or cancellation of this Agreement. In the event of reduction, the amount of the Grant will be reduced in proportion to the reduction in the scope of this Agreement. The Commonwealth’s liability to pay any amount under this clause is: subject to Your compliance with this Agreement; and limited to an amount that when added to all other amounts already paid under this Agreement will not exceed the total amount of the Grant.

Appears in 1 contract

Samples: Commonwealth Grant Agreement

Termination of the Grant for the project. The ARC may immediately terminate a Grant for the project by notifying You, if: You commit any breach of this Agreement which the ARC considers is not capable of remedy; the ARC is of the opinion that progress on the project is not satisfactory; the ARC reasonably believes that one or more of the conditions, as set out in this Agreement, have not been satisfied in relation to that project; the ARC receives notice that the project’s activities will cease, or have ceased; the ARC reasonably believes that it has received inaccurate, incomplete or misleading information in relation to the project, including in the application or in any report provided under this Agreement; the ARC reasonably believes there is fraud, misleading or deceptive conduct on the part of You, the project, Specified Personnel, Personnel or any other Participating Organisation in connection with the project; You fail to comply with any additional ARC requirement or condition; You are unable to continue Your role for any reason; the Commonwealth terminates its commitment in the event of a change of government policy or other related government requirements; or the ARC considers that the integrity of its Grant selection processes, funding recommendations and/or funded projects have been compromised as a result of the outcome of the investigation of research integrity and research misconduct complaints and allegations. If the ARC terminates the Grant for the project under this clause: You must immediately take all available and reasonable steps to stop any further expenditure of Grant funds funding on the project; You must provide the reports required by this Agreement within the timeframes specified in this Agreement, unless otherwise notified by the ARC; and the ARC may recover any or all Grant funds funding for the project. Any amount notified to You as payable under this clause is a debt due to the ARC (without further proof of the debt being necessary), payable within 30 days of the date of the notice. Cancellation or reduction for convenience The Commonwealth may cancel or reduce the scope of this Agreement by notice, due to: a change in government policy; or a change in Your circumstances which the Commonwealth reasonably believes will negatively affect Your ability to comply with this Agreement. On receipt of a notice of reduction or cancellation under this clause, You agree to: stop or reduce the performance of Your obligations as specified in the notice; take all available steps to minimise loss resulting from that reduction or cancellation; continue performing any part of the Activity or this Agreement not affected by the notice if requested to do so by the Commonwealth; and report on, and return any part of, the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth. In the event of reduction or cancellation under this clause, the Commonwealth will be liable only to: pay any part of the Grant due and owing to You under this Agreement at the date of the notice; and reimburse any reasonable and substantiated expenses You unavoidably incur that relate directly and entirely to the reduction in scope or cancellation of this Agreement. In the event of reduction, the amount of the Grant will be reduced in proportion to the reduction in the scope of this Agreement. The Commonwealth’s liability to pay any amount under this clause is: subject to Your compliance with this Agreement; and limited to an amount that when added to all other amounts already paid under this Agreement will not exceed the total amount of the Grant.

Appears in 1 contract

Samples: Commonwealth Grant Agreement

Termination of the Grant for the project. The ARC 35.3.1 We may immediately terminate a Grant for the project by notifying You, if: : (a) You commit any breach of this Agreement which the ARC considers We consider is not capable of remedy; the ARC is ; (b) We are of the opinion that progress on the project is not satisfactory; the ARC reasonably believes ; (c) We believe that one or more of the conditions, as set out in this Agreement, have not been satisfied in relation to that project; the ARC receives ; (d) We receive notice that the project’s activities will cease, or have ceased; the ARC reasonably believes ; (e) We believe that it has We have received inaccurate, incomplete or misleading information in relation to the project, including in the application or in any report provided under this Agreement; the ARC reasonably believes ; (f) We believe there is fraud, misleading or deceptive conduct on the part of You, the project, Specified Personnel, Personnel or any other Participating Organisation in connection with the project; ; (g) You fail to comply with any additional ARC requirement or condition; ; (h) You are unable to continue Your role for any reason; ; (i) the Commonwealth terminates its commitment in the event of a change of government policy or other related government requirements; or the ARC considers or (j) We consider that the integrity of its Grant selection processes, funding recommendations and/or funded projects have been compromised as a result because of the outcome of the investigation of research integrity and research misconduct complaints and allegations. . 35.3.2 If the ARC terminates We terminate the Grant for the project under this clause: : (a) You must immediately take all available and reasonable steps to stop any further expenditure of Grant funds on the project; ; (b) You must provide the reports required by this Agreement within the timeframes specified in this Agreement, unless otherwise notified by the ARCUs; and the ARC and (c) We may recover any or all Grant funds for the project. . 35.3.3 Any amount notified to You as payable under this clause is a debt due to the ARC Us (without further proof of the debt being necessary), payable within 30 days of the date of the notice. Cancellation or reduction for convenience convenience 36.1 The Commonwealth may cancel or reduce the scope of this Agreement by notice, due to: : (a) a change in government policy; or or (b) a change in Your circumstances which the Commonwealth reasonably believes will negatively affect Your ability to comply with this Agreement. . 36.2 On receipt of a notice of reduction or cancellation under this clause, You agree to: : (a) stop or reduce the performance of Your obligations as specified in the notice; ; (b) take all available steps to minimise loss resulting from that reduction or cancellation; ; (c) continue performing any part of the Activity or this Agreement not affected by the notice if requested to do so by the Commonwealth; and and (d) report on, and return any part of, the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth. . 36.3 In the event of reduction or cancellation under this clause, the Commonwealth will be liable only to: : (a) pay any part of the Grant due and owing to You under this Agreement at the date of the notice; and and (b) reimburse any reasonable and substantiated expenses You unavoidably incur that relate directly and entirely to the reduction in scope or cancellation of this Agreement. In the event of reduction, the amount of the Grant will be reduced in proportion to the reduction in the scope of this Agreement. The Commonwealth’s liability to pay any amount under this clause is: subject to Your compliance with this Agreement; and limited to an amount that when added to all other amounts already paid under this Agreement will not exceed the total amount of the Grant.

Appears in 1 contract

Samples: Commonwealth Grant Agreement

Termination of the Grant for the project. The ARC 35.3.1 We may immediately terminate a Grant for the project by notifying You, if: : (a) You commit any breach of this Agreement which the ARC considers We consider is not capable of remedy; the ARC is (b) We are of the opinion that progress on the project is not satisfactory; the ARC reasonably believes (c) We believe that one or more of the conditions, as set out in this Agreement, have not been satisfied in relation to that project; the ARC receives (d) We receive notice that the project’s activities will cease, or have ceased; the ARC reasonably believes (e) We believe that it has received inaccurate, incomplete or misleading information in relation to the project, including in the application or in any report provided under this Agreement; the ARC reasonably believes (f) We believe there is fraud, misleading or deceptive conduct on the part of You, the project, Specified Personnel, Personnel or any other Participating Organisation in connection with the project; (g) You fail to comply with any additional ARC requirement or condition; (h) You are unable to continue Your role for any reason; (i) the Commonwealth terminates its commitment in the event of a change of government policy or other related government requirements; or the ARC considers (j) We consider that the integrity of its Grant selection processes, funding recommendations and/or funded projects have been compromised as a result because of the outcome of the investigation of research integrity and research misconduct complaints and allegations. . 35.3.2 If the ARC terminates We terminate the Grant for the project under this clause: : (a) You must immediately take all available and reasonable steps to stop any further expenditure of Grant funds Funds on the project; (b) You must provide the reports required by this Agreement within the timeframes specified in this Agreement, unless otherwise notified by the ARC; and the ARC Us (c) We may recover any or all Grant funds Funds for the project. . 35.3.3 Any amount notified to You as payable under this clause is a debt due to the ARC Us (without further proof of the debt being necessary), payable within 30 days of the date of the notice. Cancellation or reduction for convenience The Commonwealth may cancel or reduce the scope of this Agreement by notice, due to: a change in government policy; or a change in Your circumstances which the Commonwealth reasonably believes will negatively affect Your ability to comply with this Agreement. On receipt of a notice of reduction or cancellation under this clause, You agree to: stop or reduce the performance of Your obligations as specified in the notice; take all available steps to minimise loss resulting from that reduction or cancellation; continue performing any part of the Activity or this Agreement not affected by the notice if requested to do so by the Commonwealth; and report on, and return any part of, the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth. In the event of reduction or cancellation under this clause, the Commonwealth will be liable only to: pay any part of the Grant due and owing to You under this Agreement at the date of the notice; and reimburse any reasonable and substantiated expenses You unavoidably incur that relate directly and entirely to the reduction in scope or cancellation of this Agreement. In the event of reduction, the amount of the Grant will be reduced in proportion to the reduction in the scope of this Agreement. The Commonwealth’s liability to pay any amount under this clause is: subject to Your compliance with this Agreement; and limited to an amount that when added to all other amounts already paid under this Agreement will not exceed the total amount of the Grant.

Appears in 1 contract

Samples: Commonwealth Grant Agreement

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Termination of the Grant for the project. The ARC 35.3.1 We may immediately terminate a Grant for the project by notifying Youin accordance with the process in section 50 of the ARC Act, if: : (a) You commit any breach of this Agreement which the ARC considers We consider is not capable of remedy; the ARC is (b) We are of the opinion that progress on the project is not satisfactory; the ARC reasonably believes (c) We believe that one or more of the conditions, as set out in this Agreement, have not been satisfied in relation to that project; the ARC receives (d) We receive notice that the project’s activities will cease, or have ceased; the ARC reasonably believes (e) We believe that it has received inaccurate, incomplete or misleading information in relation to the project, including in the application or in any report provided under this Agreement; the ARC reasonably believes (f) We believe there is fraud, misleading or deceptive conduct on the part of You, the project, Specified Personnelthe Fellow, Personnel or any other Participating Organisation Personnel in connection with the project; (g) You fail to comply with any additional ARC requirement or condition; (h) You are unable to continue Your role for any reason; (i) the Commonwealth terminates its commitment in the event of a change of government policy or other related government requirements; or the ARC considers (j) We consider that the integrity of its Grant selection processes, funding recommendations and/or funded projects have been compromised as a result because of the outcome of the investigation of research integrity and research misconduct complaints and allegations. . 35.3.2 If the ARC terminates We terminate the Grant for the project under this clause: : (a) You must immediately take all available and reasonable steps to stop any further expenditure of Grant funds Funds on the project; (b) You must provide the reports required by this Agreement within the timeframes specified in this Agreement, unless otherwise notified by the ARC; and the ARC Us (c) We may recover any or all Grant funds Funds for the project. . 35.3.3 Any amount notified to You as payable under this clause is a debt due to the ARC Us (without further proof of the debt being necessary), payable within 30 days of the date of the notice. Cancellation or reduction for convenience The Commonwealth may cancel or reduce the scope of this Agreement by notice, due to: a change in government policy; or a change in Your circumstances which the Commonwealth reasonably believes will negatively affect Your ability to comply with this Agreement. On receipt of a notice of reduction or cancellation under this clause, You agree to: stop or reduce the performance of Your obligations as specified period set out in the notice; take all available steps to minimise loss resulting from that reduction or cancellation; continue performing any part of the Activity or this Agreement not affected by the notice if requested to do so by the Commonwealth; and report on, and return any part of, the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth. In the event of reduction or cancellation under this clause, the Commonwealth will (which must be liable only to: pay any part of the Grant due and owing to You under this Agreement at the date of the notice; and reimburse any reasonable and substantiated expenses You unavoidably incur that relate directly and entirely to the reduction in scope or cancellation of this Agreement. In the event of reduction, the amount of the Grant will be reduced in proportion to the reduction in the scope of this Agreement. The Commonwealth’s liability to pay any amount under this clause is: subject to Your compliance with this Agreement; and limited to an amount that when added to all other amounts already paid under this Agreement will not exceed the total amount of the Grant.least 28 days)..

Appears in 1 contract

Samples: Commonwealth Grant Agreement

Termination of the Grant for the project. The ARC 35.3.1 We may immediately terminate a Grant for the project by notifying You, if: : (a) You commit any breach of this Agreement which the ARC considers We consider is not capable of remedy; the ARC is remedy or where clause 35.2.2(b) applies; (b) We are of the opinion that progress on the project is not satisfactory; the ARC ; (c) We reasonably believes believe that one or more of the conditions, as set out in this Agreement, have not been satisfied in relation to that project; the ARC receives ; (d) We receive notice that the project’s activities will cease, or have ceased; the ARC ; (e) We reasonably believes believe that it has received inaccurate, incomplete or misleading information has been provided in relation to the project, including in the application Your Application or in any report provided under this Agreement; the ARC ; (f) We reasonably believes believe there is fraud, misleading or deceptive conduct on the part of You, the project, Specified Personnel, Personnel or any other Participating Organisation in connection with the project; ; (g) You become bankrupt or insolvent, entered into a scheme or arrangement with creditors, or come under any form of external administration; (h) You fail to comply with any additional ARC ONI requirement or condition; ; (i) You are unable to continue Your role for any reason; ; (j) the Commonwealth terminates its commitment in the event of a change of government policy or other related government requirements; or the ARC considers or (k) We consider that the integrity of its the Grant selection processes, funding recommendations and/or funded projects have been compromised as a result of the outcome of the investigation of research integrity and research misconduct complaints and allegations. . 35.3.2 If the ARC terminates We terminate the Grant for the project under this clause: : (a) You must immediately take all available and reasonable steps to stop any further expenditure of Grant funds on the project; ; (b) You must provide the reports required by this Agreement within the timeframes specified in this Agreement, unless otherwise notified by Us; and (c) We will immediately stop payment of all Grant funds allocated to the ARC; project and the ARC may recover any or all unspent Grant funds for from all Grants allocated to the project. project under this Agreement as at the date of termination from You and any Grant funds not spent as set out in this Agreement. 35.3.3 Any amount notified to You as payable under this clause is a debt due to the ARC Us (without further proof of the debt being necessary), payable within 30 days of the date of the notice. Cancellation or reduction for convenience The Commonwealth may cancel or reduce the scope of this Agreement by notice, due to: a change in government policy; or a change in Your circumstances which the Commonwealth reasonably believes will negatively affect Your ability to comply with this Agreement. On receipt of a notice of reduction or cancellation under this clause, You agree to: stop or reduce the performance of Your obligations as specified in the notice; take all available steps to minimise loss resulting from that reduction or cancellation; continue performing any part of the Activity or this Agreement not affected by the notice if requested to do so by the Commonwealth; and report on, and return any part of, the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth. In the event of reduction or cancellation under this clause, the Commonwealth will be liable only to: pay any part of the Grant due and owing to You under this Agreement at the date of the notice; and reimburse any reasonable and substantiated expenses You unavoidably incur that relate directly and entirely to the reduction in scope or cancellation of this Agreement. In the event of reduction, the amount of the Grant will be reduced in proportion to the reduction in the scope of this Agreement. The Commonwealth’s liability to pay any amount under this clause is: subject to Your compliance with this Agreement; and limited to an amount that when added to all other amounts already paid under this Agreement will not exceed the total amount of the Grant.

Appears in 1 contract

Samples: Grant Agreement

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