The Grant Recipient must. 4.1.1 not less than five (5) Business Days prior to the forecast Acquisition Date ensure that such details of each Capital Original Scheme (other than a Capital Indicative Scheme) as are required by Homes England have been accurately uploaded onto IMS; and
4.1.2 (subject to Clauses 6.5 (Capital Indicative Schemes) to 6.7 (Capital Indicative Schemes) (inclusive)) upload onto IMS (or amend through IMS) such details of each Capital Indicative Scheme as are required in order for Homes England to consider the conversion of such Capital Indicative Scheme to a Capital Firm Scheme for the Delivery of Programme Housing, and where in either case the relevant scheme is accepted by Homes England through IMS, it will become a Capital Firm Scheme for the purposes of this Agreement with effect from the Acceptance Date.
The Grant Recipient must. 14.6.1 ensure that that any Disposal Notification, Constitutional Change Notification or any other notifications or certificates from the Grant Recipient to Homes England (the Grant Recipient Notifications) are provided by the Grant Recipient's Representative and must further ensure that the Grant Recipient Representative has access to the information and knowledge needed accurately to give the information required; and
14.6.2 notify Homes England if it becomes aware that the Grant Recipient Notifications are erroneous in any material respect.
The Grant Recipient must. 12.2.1 comply with its obligations in Clause 15.21 (Review, Monitoring and Reporting) in respect of the submission of each Capital Statement of Grant Usage (and a failure to so comply shall constitute a material breach for the purposes of limb (b) of the definition of GW1 Event); and 12.
The Grant Recipient must. 15.26.1 maintain and operate effective monitoring and financial management systems in order to control expenditure and to ensure that the costs of achieving the objectives and activities as set out in any Approved Capital Bid or Revenue Funding Schemes can be clearly identified; and
15.26.2 keep a record of Revenue Funding Eligible Expenditure and retain all accounting records relating to that expenditure and income for a period of at least 10 years after the end of Revenue Grant funding; and
15.26.3 make the accounting records available at any reasonable time for inspection by Homes England's Representative.
The Grant Recipient must. 15.25.1 maintain and operate effective monitoring and financial management systems in order to control expenditure and to ensure that the costs of achieving the objectives and activities as set out in any Approved Capital Bid or Approved Revenue Bid can be clearly identified; and
15.25.2 keep a record of Revenue Eligible Expenditure and retain all accounting records relating to that expenditure and income for a period of at least 10 years after the end of Revenue Grant funding; and
15.25.3 make the accounting records available at any reasonable time for inspection by Homes England's Representative and MHCLG’s Representative.
The Grant Recipient must. 8.1.1 carry out the acquisition of the Site and procure the design construction and completion of the Firm Scheme so that:
(a) the Firm Scheme is (subject to Condition 9.2) delivered in accordance with the Firm Scheme Delivery Timetable;
(b) when delivered, the Firm Scheme fully complies with the Firm Scheme Details and meets the Submitted Standards;
(c) any applicable requirements of the London Plan are satisfied; and
(d) any applicable requirements of the EU Procurement Regime are complied with.
8.1.2 actively market the Flexible Dwellings with a view to ensuring (as far as practicable) the disposal or letting of such dwellings to Eligible Purchasers at the Firm Scheme Completion Date (or as soon as reasonably possible thereafter) and in any event by the Final Disposal Date;
8.1.3 advertise all Flexible Dwellings through the First Steps portal at xxx.xxxxxxxxxx.xxx/xxxxxxxxxx or such other website address notified by the GLA to the Grant Recipients from time to time; and
8.1.4 offer through the Housing Moves service at least 5% of Affordable Rent Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentage notified in either case by the GLA to the Grant Recipient from time to time following consultation) on the initial letting of such Affordable Rent Dwellings. (collectively the Firm Scheme Obligations).
The Grant Recipient must. 11.7.1 (subject to any contrary Legislation) offer and continue to offer the Right to Shared Ownership to the then current Tenant of each:
(a) AHP Rent Dwelling; and
(b) RCGF Dwelling, which is not an Exempted Dwelling, in accordance with any applicable requirements of the RTSO Guidance, the SO Consultation Outcome and the Capital Funding Guide; and
11.7.2 where the Grant Recipient possesses a Secure Legal Interest which is a leasehold interest:
(a) ensure that the terms of the relevant lease: i are not inconsistent with the principles of the AHP 2021/26, the operation of the Right to Shared Ownership nor the Grant Recipient's obligations under this Agreement; and ii do not permit such lease to be terminated (save in the case of non payment of rent or breach of tenant covenants) prior to the expiry of the Minimum Unexpired Term or Minimum SO Lease Term (as applicable); and
(b) the Grant Recipient must not vary the lease referred to in Clause 11.7.2(a) (Operational Obligations) in a manner which could frustrate the operation of this Agreement or the Right to Shared Ownership.
The Grant Recipient must. 12.1.1 procure in accordance with the time periods set out in Condition 12.3 that the following restriction has been properly registered at the Land Registry against the Proprietorship Register of the Grant Recipient's title to the HCP Named Project: "No disposition of the registered estate (other than a charge) by the proprietor of the registered estate or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a certificate signed by the Grant Recipient's solicitor or conveyancer that the provisions of Conditions 12 and 17 of a Grant Agreement dated [ ] and made
The Grant Recipient must. 7.7.1 comply with all applicable laws, statutes, regulations and codes relating to anti- bribery and anti-corruption including but not limited to the Bribery Act 2010 (Requirements);
7.7.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
7.7.3 comply with the Agency's ethical, anti-bribery and anti-corruption policies, a copy of which is available here: xxxx://xxx.xxxxxxxxxxxxxxxxxxx.xx.xx/ethical- policies, in each case as the Agency or the relevant industry body may update from time to time (Relevant Policies);
7.7.4 have and maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Requirements and the Relevant Policies and Condition 7.7.2, and will enforce them where appropriate; and
7.7.5 immediately report to the Agency's Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by the Grant Recipient in connection with the performance of this Agreement.
The Grant Recipient must. 12.4.1 comply with its obligations in Clauses 15.20, 15.21 and 15.22 (Review, Monitoring and Reporting) in respect of the submission of a Revenue Statement of Grant Usage (and a failure to so comply shall constitute a material breach for the purposes of limb (b) of the definition of GW1 Event); and
12.4.2 ensure that the Authorised SOGU Representative authorised to sign the Revenue Statement of Xxxxx Xxxxx has access to the information and knowledge needed accurately to give the information required;
12.4.3 promptly notify Homes England if it becomes aware that any Revenue Statement of Grant Usage is erroneous in any material respect; and
12.4.4 not advance or on-lend any Revenue Grant to a third party (in whole or in part).
