Use of Funds in Legal Proceedings Sample Clauses

Use of Funds in Legal Proceedings. If any legal proceedings are commenced against the Organisation, the Funding Bodies must be notified immediately, through the SPM, of the other party or parties to the proceedings and the nature of the proceeding against the Organisation. Subject to clause 9.3.3, the Organisation may spend funds provided under this Agreement or Service Generated Income in any legal proceedings brought against it only in respect of proceedings that directly relate to the provision of Services. The Organisation must not, without prior written approval of the SPM spend in excess of 5% or $10,000 of Annual Funds (whichever is the lesser), to defend itself against any litigation in accordance with Schedule 5. Before giving approval under clause 9.3.3 the SPM may impose any conditions it considers appropriate, including requiring the Organisation to provide periodic updates on legal proceedings. Following the conclusion of the legal proceedings, the Organisation will provide to the SPM a report noting the outcome of the proceedings and an itemised account of expenditure from funds provided under this Agreement or Service Generated Income. The requirements to provide notification, updates and reports in clauses 9.3.1, 9.3.3 and 9.3.5, shall be subject to the Organisation’s obligation to protect any client legal privilege in relation to matters the subject of the proceedings. Any expenditure under clause 9.3 must be identified in the Organisation’s audited financial statements. REPORTING REQUIREMENTS Reports The Organisation must provide the Reports to the Funding Bodies through the SPM. The Reports (except for Annual Reports) must be submitted electronically using CLSIS where CLSIS provides a facility for submitting the Reports, or otherwise in an electronic format that complies with the relevant template, by the dates specified in Schedule 2. Failure to provide Reports If the Organisation does not provide the Reports by the due dates, the relevant Funding Body may exercise its rights under clause 23.1. The Organisation may, in advance of the due date, seek an extension of time from the SPM to submit a Report. Audit Requirements The Organisation must maintain financial records that comply with the Australian Accounting Standards. At the end of each Financial Year, the Organisation must provide to the SPM: a certificate from a Registered Auditor in the format set out at Attachment A to Schedule 5 stating that the funds covered by this Agreement have been used for the purpose of pr...
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Use of Funds in Legal Proceedings. 9.3.1. If any legal proceedings are commenced against the Organisation, the Funding Bodies must be notified immediately, through the SPM, of the other party or parties to the proceedings and the nature of the proceeding against the Organisation. 9.3.2. Subject to clause 9.3.3, the Organisation may spend funds provided under this Agreement or Service Generated Income in any legal proceedings brought against it only in respect of proceedings that directly relate to the provision of Services. 9.3.3. The Organisation must not, without prior written approval of the SPM spend in excess of 5% or $10,000 of Annual Funds (whichever is the lesser), to defend itself against any litigation in accordance with Schedule 5. 9.3.4. Before giving approval under clause 9.3.3 the SPM may impose any conditions it considers appropriate, including requiring the Organisation to provide periodic updates on legal proceedings. 9.3.5. Following the conclusion of the legal proceedings, the Organisation will provide to the SPM a report noting the outcome of the proceedings and an itemised account of expenditure from funds provided under this Agreement or Service Generated Income. 9.3.6. The requirements to provide notification, updates and reports in clauses 9.3.1, 9.3.3 and 9.3.5, shall be subject to the Organisation’s obligation to protect any client legal privilege in relation to matters the subject of the proceedings. 9.3.7. Any expenditure under clause 9.3 must be identified in the Organisation’s audited financial statements.

Related to Use of Funds in Legal Proceedings

  • No Legal Proceedings No suit, action or other legal or administrative proceedings before any court or other governmental agency shall be pending or threatened seeking to enjoin the consummation of the Transactions contemplated hereby.

  • Cooperate in Legal Proceedings Borrower shall cooperate fully with Lender with respect to any proceedings before any court, board or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained by Lender under any of the other Loan Documents and, in connection therewith, permit Lender, at its election, to participate in any such proceedings.

  • Legal Proceedings, Etc There are no unsatisfied liabilities for Taxes with respect to any notice of deficiency or similar document received by the Company or any Subsidiary with respect to any Tax (other than liabilities for Taxes asserted under any such notice of deficiency or similar document which are being contested in good faith by the Company or a Subsidiary and with respect to which adequate reserves for payment have been established).

  • Notification of Government Investigation or Legal Proceeding Provider shall notify OIG, in writing, of any ongoing investigation or legal proceeding by a governmental entity or its agents involving an allegation that Provider has committed a crime or has engaged in fraudulent activities, within 30 days of Provider receiving notice of such investigation or legal proceeding. This notification shall include a description of the allegation(s), the identity of the investigating or prosecuting agency, and the status of such investigation or legal proceeding. Within 30 days after resolution of the matter, Provider shall notify OIG, in writing, of the resolution of the investigation or legal proceeding.

  • Court Action or Other Legal Processes (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose.

  • Litigation; Government Proceedings No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, or to the Company’s knowledge, the Sponsor, or any executive officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened that (i) would reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).

  • Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

  • Litigation; Governmental Proceedings There is no action, suit, proceeding, inquiry, arbitration, investigation, litigation or governmental proceeding pending or, to the Company’s knowledge, threatened against, or involving the Company or, to the Company’s knowledge, any executive officer or director which has not been disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus or in connection with the Company’s listing application for the listing of the Public Securities on the Exchange.

  • CONTROL; OWNERSHIP; LEGAL PROCEEDINGS The Applicant shall immediately notify the District and Comptroller’s office in writing of any actual or anticipated change in the control or ownership of the Applicant and of any legal or administrative investigations or proceedings initiated against the Applicant related to the project regardless of the jurisdiction from which such proceedings originate.

  • No Legal Prohibition No Governmental Authority of competent jurisdiction shall have (a) enacted, issued or promulgated any Law that is in effect as of immediately prior to the Effective Time and has the effect of making the Merger illegal or which has the effect of prohibiting or otherwise preventing the consummation of the Merger or (b) issued or granted any Order that is in effect as of immediately prior to the Effective Time and has the effect of making the Merger illegal or which has the effect of prohibiting or otherwise preventing the consummation of the Merger.

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