Time Extensions. 7.1 Where a Milestone Failure occurs or is in the opinion of the GLA reasonably likely to occur (having regard to any information provided pursuant to any of Conditions 9.1.4, 10.3 or 11) and: 7.1.1 where such failure is directly caused by a Milestone Extension Event the GLA shall, subject always to Condition 7.3, extend the relevant Milestone Date and associated Named Project Completion Date by such period as it (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event; or 7.1.2 where such failure is not directly caused by a Milestone Extension Event, the GLA shall notify the Grant Recipient of the Milestone Failure and the parties shall within fifteen (15) Business Days of such notification seek to agree revised Milestone Dates and: (a) where revised Milestone Dates are agreed within such period the Grant Recipient shall promptly amend the Milestone Dates on OPS in accordance with Condition 6.1; or (b) where revised Milestone Dates are not agreed within such period the Milestone Failure shall be treated as a Project Default under Condition 18.2.10. 7.2 The GLA shall not be obliged to extend a Milestone Date: 7.2.1 unless a Milestone Extension Event exists; or 7.2.2 in circumstances where such extension would (when taken individually or together with other extensions in relation to the Grant Recipient) in the GLA’s reasonable opinion materially and adversely affect the delivery of the Approved Bid or (when taken individually or together with other extensions allowed in relation to the Grant Recipient or other grant recipients of the AHP 2016/21) materially and adversely affect the GLA’s projected expenditure profile in relation to any year of the AHP 2016/21 and in particular (but without limitation) such expenditure profile in relation to the last Quarter of the relevant Financial Year. 7.3 The GLA shall not under any circumstances be required or obliged to extend a Named Project Start Date beyond 31 March 2021 but may at its sole discretion elect to do so.
Appears in 13 contracts
Samples: Grant Agreement, Developer Led Grant Agreement, Grant Agreement
Time Extensions. 7.1 Where a Milestone Failure occurs or is in the opinion of the GLA reasonably likely to occur (having regard to any information provided pursuant to any of Conditions 9.1.4, 10.3 or 11) and:
7.1.1 where such failure is directly caused by a Milestone Extension Event the GLA shall, subject always to Condition 7.3, extend the relevant Milestone Date and associated Named Project Completion Date by such period as it (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event; or
7.1.2 where such failure is not directly caused by a Milestone Extension Event, the GLA shall notify the Grant Recipient Lead Partner of the Milestone Failure and the parties GLA shall within fifteen (15) Business Days of such notification seek to agree revised Milestone Dates with the Lead Partner on behalf of the Relevant Consortium Member and:
(a) where revised Milestone Dates are agreed within such period the Grant Recipient Lead Partner (on behalf of the Relevant Consortium Member) shall promptly amend the Milestone Dates on OPS in accordance with Condition 6.1; or
(b) where revised Milestone Dates are not agreed within such period the Milestone Failure shall be treated as a Project Default under Condition 18.2.1019.2.10.
7.2 The GLA shall not be obliged to extend a Milestone Date:
7.2.1 unless a Milestone Extension Event exists; or
7.2.2 in circumstances where such extension would (when taken individually or together with other extensions in relation to the Grant Recipientany Consortium Member) in the GLA’s 's reasonable opinion materially and adversely affect the delivery of the Approved Bid or (when taken individually or together with other extensions allowed in relation to the Grant Recipient Relevant Consortium Member or other grant recipients of the AHP 2016/21) materially and adversely affect the GLA’s 's projected expenditure profile in relation to any year of the AHP 2016/21 and in particular (but without limitation) such expenditure profile in relation to the last Quarter of the relevant Financial Year.
7.3 The GLA shall not under any circumstances be required or obliged to extend a Named Project Start Date beyond 31 March 2021 but may at its sole discretion elect to do so.
Appears in 4 contracts
Samples: Consortium Grant Agreement, Consortium Grant Agreement, Consortium Grant Agreement
Time Extensions. 7.1 Where a Milestone Failure occurs or is in the opinion of the GLA reasonably likely to occur (having regard to any information provided pursuant to any of Conditions 9.1.4, 10.3 or 11) and:
7.1.1 where such failure is directly caused by a Milestone Extension Event the GLA shall, subject always to Condition 7.3, extend the relevant Milestone Date and associated Named Project Completion Date by such period as it (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event; or
7.1.2 where such failure is not directly caused by a Milestone Extension Event, the GLA shall notify the Grant Recipient of the Milestone Failure and the parties shall within fifteen (15) Business Days of such notification seek to agree revised Milestone Dates and:
(a) where revised Milestone Dates are agreed within such period the Grant Recipient shall promptly amend the Milestone Dates on OPS in accordance with Condition 6.1; or
(b) where revised Milestone Dates are not agreed within such period the Milestone Failure shall be treated as a Project Default under Condition 18.2.10.
7.2 The GLA shall not be obliged to extend a Milestone Date:
7.2.1 unless a Milestone Extension Event exists; or
7.2.2 in circumstances where such extension would (when taken individually or together with other extensions in relation to the Grant Recipient) in the GLA’s 's reasonable opinion materially and adversely affect the delivery of the Approved Bid or (when taken individually or together with other extensions allowed in relation to the Grant Recipient or other grant recipients of the AHP 2016/21) materially and adversely affect the GLA’s 's projected expenditure profile in relation to any year of the AHP 2016/21 and in particular (but without limitation) such expenditure profile in relation to the last Quarter of the relevant Financial Year.
7.3 The GLA shall not under any circumstances be required or obliged to extend a Named Project Start Date beyond 31 March 2021 but may at its sole discretion elect to do so.
Appears in 4 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
Time Extensions. 7.1 Where a Milestone Failure occurs or is in the GLA's opinion of the GLA reasonably (acting reasonably) likely to occur (having regard to any information provided pursuant to any of Conditions 9.1.4, 10.3 or 11) and:
7.1.1 where such failure is directly caused by a Milestone Extension Event the GLA shall, subject always to Condition 7.3, extend the relevant Milestone Date and associated Named Project Completion Date shall (subject to Condition 7.2) be extended by such period as it the GLA (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event; or
7.1.2 where such failure is not directly caused by a Milestone Extension Event, the GLA shall notify the Grant Recipient of the Milestone Failure and the parties shall within fifteen (15) Business Days of such notification seek to agree revised Milestone Dates and:
(a) where revised Milestone Dates are agreed within such period the Grant Recipient shall promptly amend the Milestone Dates on OPS in accordance with Condition 6.15; or
(b) where revised Milestone Dates are not agreed within such period the Milestone Failure shall be treated as a Project Default under Condition 18.2.1016.2.9.
7.2 The GLA shall not be obliged to extend a Milestone Date:
7.2.1 unless a Milestone Extension Event exists; or
7.2.2 Date in circumstances where such extension would (when taken individually or together with other extensions in relation to the Grant Recipient) in the GLA’s 's reasonable opinion materially and adversely affect the delivery of Ring Fence Offer or conflict with the Approved Bid or (when taken individually or together with other extensions allowed in relation to the Grant Recipient or other grant recipients of the AHP 2016/21) materially and adversely affect the GLA’s projected expenditure profile in relation to any year of the AHP 2016/21 and in particular (but without limitation) such expenditure profile in relation to the last Quarter of the relevant Financial YearRTB Programme.
7.3 The GLA shall not under any circumstances be required or obliged to extend a the Availability Period for any Named Project Start Date beyond 31 March 2021 2022 but may at its sole discretion elect to do so.
7.4 Subject to Condition 7.6, after 31 March 2022, the GLA shall be entitled to conduct a review of:
7.4.1 the likelihood, in GLA's reasonable opinion, that the Grant Recipient will be capable of delivering the Proposed Named Projects comprised in the Project Pipeline in accordance with the Named Project Delivery Timetable and/or the RTB Terms;
7.4.2 the Grant Recipient's delivery of the Ring Fence Offer; and/or
7.4.3 whether the terms and conditions of this Agreement continue to reflect the requirements of the RTB Programme.
7.5 The Grant Recipient will co-operate with any review conducted by GLA pursuant to Condition 7.4 or 7.6.
7.6 Notwithstanding any other term of this Agreement, the parties acknowledge and agree that the GLA may conduct a review of this Agreement at any time where the RTB Programme in GLA's opinion (acting reasonably) conflicts with the terms of the Agreement, GLA's power to make the Allocated Total Grant available and/or is likely to have a Material Adverse Effect on the Ring Fence Offer or the Grant Recipient's ability to deliver any Named Project in accordance with this Agreement.
7.7 If the GLA is not satisfied with the matters considered pursuant to Condition 7.4 or 7.6 the GLA will (acting in good faith) seek to agree a remediation plan with the Grant Recipient to address any GLA concerns. If the parties fail to agree the terms of such remediation plan or if in the opinion of the GLA the remediation plan is not effective, the GLA shall be entitled to terminate this Agreement (in whole or in part).
7.8 The parties acknowledge and agree that where there is a Change in RTB Rules:
7.8.1 either party may provide notice to the other party (the Receiving Party) identifying the Change in RTB Rules, providing evidence as to how the Change in RTB Rules has or will impact upon the RTB Terms and/or that party's obligations under the Agreement and requesting a variation of the Agreement to implement the Change in RTB Rules (the Change in RTB Rules Notice); and
7.8.2 within fifteen (15) Business Days after the receipt of the Change in RTB Rules Notice by the Receiving Party, the parties shall (acting in good faith) review the Agreement and seek to agree such amendments to its terms as are necessary to ensure that the provisions of this comply with the Change in RTB Rules.
7.9 If within thirty (30) Business Days of the review conducted pursuant to Condition 7.8.2 the parties:
7.9.1 agree the changes necessary to this Agreement, the Grant Recipient and the GLA shall amend this Agreement to the extent necessary to implement such changes; or
7.9.2 fail to agree the changes necessary to this Agreement the GLA (acting reasonably) the parties will be bound by the terms of this Agreement as they existed prior to the changes proposed under Condition 7.8.
7.10 Where changes are agreed pursuant to Condition 7.9.1, this Agreement will be amended by means of appending the agreed revised terms of this Agreement to a memorandum (Memorandum) signed by both parties and dated. The parties agree that from the date of the Memorandum, this Agreement shall be varied to incorporate terms set out in the Memorandum and this Agreement shall take effect and be construed accordingly.
7.11 A variation agreed pursuant to Condition 7.10 must be endorsed through a notation on each party's respective parts of this Agreement.
Appears in 3 contracts
Samples: Right to Buy Ringfence Agreement, Right to Buy Ringfence Agreement, Right to Buy Ringfence Agreement
Time Extensions. 7.1 8.1 Where a Milestone Failure occurs or is in the opinion of the GLA reasonably likely to occur (having regard to any information provided pursuant to any of Conditions 9.1.410.1.4, 10.3 11.3 or 1112) and:
7.1.1 8.1.1 where such failure is directly caused by a Milestone Extension Event the GLA shall, subject always to Condition 7.38.3, extend the relevant Milestone Date and associated Named Project Completion Date by such period as it (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event; or
7.1.2 8.1.2 where such failure is not directly caused by a Milestone Extension Event, the GLA shall notify the Grant Recipient of the Milestone Failure and the parties shall within fifteen thirty (1530) Business Days of such notification seek to agree revised Milestone Dates and:
(a) where revised Milestone Dates are agreed within such period the Grant Recipient shall promptly amend the Milestone Dates on OPS in accordance with Condition 6.17; or
(b) where revised Milestone Dates are not agreed within such period the Milestone Failure shall be treated for grant recovery purposes as a Project Default under Condition 18.2.1019.2.17.
7.2 8.2 The GLA shall not be obliged to extend a Milestone Date:
7.2.1 8.2.1 unless a Milestone Extension Event exists; or
7.2.2 8.2.2 in circumstances where such extension would (when taken individually or together with other extensions in relation to the Grant Recipient) in the GLA’s 's reasonable opinion materially and adversely affect the delivery of the Approved Bid or (when taken individually or together with other extensions allowed in relation to the Grant Recipient or other grant recipients of the AHP 2016/212021-26) materially and adversely affect the GLA’s 's projected expenditure profile in relation to any year of the AHP 2016/21 2021-26 and in particular (but without limitation) such expenditure profile in relation to the last Quarter of the relevant Financial Year.
7.3 The 8.3 Save where the GLA has accepted a later date on OPS, the GLA shall not under any circumstances be required or obliged to extend a Named Project Start Date beyond 31 March 2021 2026 and/or a Named Project Practical Completion Date beyond 31 March 2028 but may at in its sole absolute discretion elect to do so.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Time Extensions. 7.1 8.1 Where a Milestone Failure occurs or is in the opinion of the GLA reasonably likely to occur (having regard to any information provided pursuant to any of Conditions 9.1.410.1.4, 10.3 or 1111.3 or 12) and:
7.1.1 8.1.1 where such failure is directly caused by a Milestone Extension Event the GLA shall, subject always to Condition 7.38.3, extend the relevant Milestone Date and associated Named Project Completion Date by such period as it (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event; or
7.1.2 8.1.2 where such failure is not directly caused by a Milestone Extension Event, the GLA shall notify the Grant Recipient of the Milestone Failure and the parties shall within fifteen (15) Business Days of such notification seek to agree revised Milestone Dates and:
(a) where revised Milestone Dates are agreed within such period the Grant Recipient shall promptly amend the Milestone Dates on OPS in accordance with Condition 6.17.1; or
(b) where revised Milestone Dates are not agreed within such period the Milestone Failure shall be treated as a Project Default under Condition 18.2.1019.2.10.
7.2 8.2 The GLA shall not be obliged to extend a Milestone Date:
7.2.1 8.2.1 unless a Milestone Extension Event exists; or
7.2.2 8.2.2 in circumstances where such extension would (when taken individually or together with other extensions in relation to the Grant Recipient) in the GLA’s reasonable opinion materially and adversely affect the delivery of the Approved Bid or (when taken individually or together with other extensions allowed in relation to the Grant Recipient or other grant recipients of the AHP 2016/21) materially and adversely affect the GLA’s projected expenditure profile in relation to any year of the AHP 2016/21 and in particular (but without limitation) such expenditure profile in relation to the last Quarter of the relevant Financial Year.
7.3 8.3 The GLA shall not under any circumstances be required or obliged to extend a Named Project Start Date beyond 31 March 2021 2022 but may at its sole discretion elect to do so.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Time Extensions. 7.1 8.1 Where a Milestone Failure occurs or is in the opinion of the GLA reasonably likely to occur (having regard to any information provided pursuant to any of Conditions 9.1.410.1.3, 10.3 11.3 or 1112) and:
7.1.1 8.1.1 where such failure is directly caused by a Milestone Extension Event the GLA shall, subject always to Condition 7.38.3, extend the relevant Milestone Date and associated Named Project Completion Date by such period as it (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event; or
7.1.2 8.1.2 where such failure is not directly caused by a Milestone Extension Event, the GLA shall notify the Grant Recipient of the Milestone Failure and the parties shall within fifteen (15) Business Days of such notification seek to agree revised Milestone Dates and:
(a) where revised Milestone Dates are agreed within such period the Grant Recipient shall promptly amend the Milestone Dates on OPS in accordance with Condition 6.17.1; or
(b) where revised Milestone Dates are not agreed within such period the Milestone Failure shall be treated as a Project Default under Condition 18.2.1019.2.10.
7.2 8.2 The GLA shall not be obliged to extend a Milestone Date:
7.2.1 8.2.1 unless a Milestone Extension Event exists; or
7.2.2 8.2.2 in circumstances where such extension would (when taken individually or together with other extensions in relation to the Grant Recipient) in the GLA’s reasonable opinion materially and adversely affect the delivery of the Approved Bid or (when taken individually or together with other extensions allowed in relation to the Grant Recipient or other grant recipients of the AHP 2016/21) materially and adversely affect the GLA’s projected expenditure profile in relation to any year of the AHP 2016/21 and in particular (but without limitation) such expenditure profile in relation to the last Quarter of the relevant Financial Year.
7.3 8.3 The GLA shall not under any circumstances be required or obliged to extend a Named Project Start Date beyond 31 March 2021 2022 but may at its sole discretion elect to do so.
Appears in 1 contract
Samples: Approved Provider Grant Agreement
Time Extensions. 7.1 Where a Milestone Failure occurs or is in the opinion of the GLA reasonably likely to occur (having regard to any information provided pursuant to any of Conditions 9.1.4, 10.3 or 11) and:
7.1.1 where such failure is directly caused by a Milestone Extension Event the GLA shall, subject always to Condition 7.3, extend the relevant Milestone Date and associated Named Project Completion Date by such period as it (acting reasonably) considers appropriate to take account of the delay caused or likely to be caused by the Milestone Extension Event; or
7.1.2 where such failure is not directly caused by a Milestone Extension Event, the GLA shall notify the Grant Recipient of the Milestone Failure and the parties shall within fifteen (15) Business Days of such notification seek to agree revised Milestone Dates and:
(a) where revised Milestone Dates are agreed within such period the Grant Recipient shall promptly amend the Milestone Dates on OPS in accordance with Condition 6.1; or
(b) where revised Milestone Dates are not agreed within such period the Milestone Failure shall be treated as a Project Default under Condition 18.2.10.
7.2 The GLA shall not be obliged to extend a Milestone Date:
7.2.1 unless a Milestone Extension Event exists; or
7.2.2 in circumstances where such extension would (when taken individually or together with other extensions in relation to the Grant Recipient) in the GLA’s reasonable opinion materially and adversely affect the delivery of the Approved Bid or (when taken individually or together with other extensions allowed in relation to the Grant Recipient or other grant recipients of the AHP 2016/21) materially and adversely affect the GLA’s projected expenditure profile in relation to any year of the AHP 2016/21 and in particular (but without limitation) such expenditure profile in relation to the last Quarter of the relevant Financial Year.
7.3 The GLA shall not under any circumstances be required or obliged to extend a Named Project Start Date beyond 31 March 2021 2022 but may at its sole discretion elect to do so.
Appears in 1 contract
Samples: Grant Agreement