Common use of Use of Grant Clause in Contracts

Use of Grant. 4.1. The Grant shall be used by the Recipient for the delivery of the Project in accordance with any agreed spend profile. The agreed Grant Spend Profile is set out above within the Grant Funding Profile section that is in Annex 1, and can be updated on a quarterly basis with (prior written) agreement from the Funder. 4.2. Where the Recipient has obtained funding from a third party in relation to its delivery of the Project (including without limitation funding for associated administration and staffing costs), the amount of such funding shall be included in the Grant Budget together with a clear description of what that funding shall be used for. 4.3. The Recipient shall not use the Grant to: 4.3.1. make any payment to members of its Governing Body; 4.3.2. make any payment in any way in relation to any of the Ineligible expenditure; or 4.3.3. pay for any expenditure commitments of the Recipient entered into before the Commencement Date, unless this has been approved in writing by the Funder. 4.4. The Recipient shall not spend any part of the Grant on the delivery of the Project after the Grant Period. 4.5. The Recipient shall not enter into any contracts or permit any payments to third parties funded in whole or part by the Grant unless those contracts or payments are made in accordance with the prevailing procurement regime in effect in the UK, as well as any minimum requirements set by the Funder. Guidance will be provided separately and annexed to the Grant Agreement. 4.6. Should any part of the Grant remain unspent at the end of the Grant Period (end March, 2026), the Recipient shall ensure that any unspent monies are returned to the Funder/the funding will not be allocated to the Recipient or, if agreed in writing by the Funder, the Recipient shall be entitled to retain the unspent monies/transferred unspent monies to use for purposes as agreed between the parties. 4.7. Any liabilities arising at the end of the Project including any redundancy liabilities for staff employed by the Recipient to deliver the Project must be managed and paid for by the Recipient using the Grant or other resources of the Recipient. There will be no additional funding available from the Funder for this purpose.

Appears in 1 contract

Samples: Grant Agreement

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Use of Grant. 4.1‌ 7.1 The grant comes from public funds and the Recipient will not use the grant in a way which constitutes unlawful subsidy. 7.2 The Recipient must ensure that the grant award and its use of the grant is compliant with Subsidy Control Law and shall maintain appropriate records demonstrating compliance. The Recipient shall provide CPCA with a copy of such records within 5 working days of request. 7.3 The Recipient must inform CPCA promptly of any other funding applied for or awarded against the eligible costs covered by this award of grant. 7.4 The Grant shall be used by the Recipient for the delivery of the Project in accordance with any the agreed spend profile. The agreed Grant Spend Profile is budget set out above within in Schedule 5. For the avoidance of doubt, the amount of the Grant Funding Profile section that is the Recipient may spend on any item of expenditure listed in Annex 1, and can be updated on a quarterly basis with (column 1 of Schedule 5 shall not exceed the corresponding sum of money listed in column 2 without the prior written) written agreement from the Funderof CPCA. 4.2. 7.5 Where the Recipient has obtained funding from a third party in relation to its delivery of the Project (including without limitation funding for associated administration and staffing costs), the amount of such funding shall be included in the Grant Budget budget in Schedule 5 together with a clear description of what that funding shall be used for. 4.3. 7.6 The Recipient shall not use the Grant to: 4.3.1. (a) make any payment to members of its Governing Body; 4.3.2. make any payment in any way in relation to any of the Ineligible expenditure(b) purchase buildings or land other than leasehold properties at Fanshawe Road; or 4.3.3. (c) pay for any expenditure commitments of the Recipient entered into before the Commencement Date, unless this has been approved in writing by the Funder., 4.4. 7.7 The Recipient shall not spend any part of the Grant on the delivery of the Project after the Grant Period. 4.5. The Recipient shall not enter into any contracts or permit any payments to third parties funded in whole or part by the Grant unless those contracts or payments are made in accordance with the prevailing procurement regime in effect in the UK, as well as any minimum requirements set by the Funder. Guidance will be provided separately and annexed to the Grant Agreement. 4.6. 7.8 Should any part of the Grant remain unspent at the end of the Grant Period (end March, 2026)Period, the Recipient shall ensure that any unspent monies are returned to the Funder/the funding will not be allocated to the Recipient CPCA or, if agreed in writing by the FunderCPCA, the Recipient shall be entitled to retain the unspent monies/transferred unspent monies to use for charitable purposes as agreed between the parties. 4.7. 7.9 Any liabilities arising at the end of the Project including any redundancy liabilities for staff employed by the Recipient to deliver the Project must be managed and paid for by the Recipient using the Grant or other resources of the Recipient. There will be no additional funding available from the Funder CPCA for this purpose.

Appears in 1 contract

Samples: Grant Funding Agreement

Use of Grant. 4.1. 5.1 The Grant shall be used by the Recipient for the delivery of the Project [with its Delivery Partners] in accordance with any agreed spend profile. The agreed Grant Spend Profile is the Project description as set out above within in [Schedule 1], the Grant Funding Profile section that is Milestones as set out in Annex 1, [Schedule 2] and can be updated on a quarterly basis with (prior written) agreement from the Funder.agreed budget set out in [Schedule X] 4.2. 5.2 Where the Recipient has obtained funding from a third party in relation to its delivery of the Project (including without limitation funding for associated administration and staffing costs)Project, the amount of such funding shall be included in the Grant Budget budget in [Schedule X] together with a clear description of what that funding shall be used for. 4.3. 5.3 The Recipient shall not use the Grant to: 4.3.1. (a) make any payment to members of its Governing Body; 4.3.2. make any payment in any way in relation to any of the Ineligible expenditure(b) purchase buildings or land; or 4.3.3. (c) [pay for any expenditure commitments of the Recipient entered into before or incurred prior to the Commencement Date, Xxxx.xx detailed in Schedule [X] ] unless this has been approved in writing advance by the FunderFunder in writing. 4.4. 5.4 The Recipient shall not spend any part of the Grant on the delivery of the Project after the Grant Period. 4.5. The Recipient shall not enter into any contracts or permit any payments to third parties funded in whole or part by Period unless the Grant unless those contracts has been defrayed or payments are made committed for expenditure in accordance with the prevailing procurement regime in effect in the UK, as well as any minimum requirements set by the Funder. Guidance will be provided separately and annexed advance prior to the Grant Agreement. 4.6. Should any part of the Grant remain unspent at the end expiration of the Grant Period (end March, 2026), the Recipient shall ensure that any unspent monies are returned to provided always such advanced committed expenditure has had prior approval of the Funder/the funding will not be allocated to the Recipient or, if agreed in writing by the Funder, the Recipient shall be entitled to retain the unspent monies/transferred unspent monies to use for purposes as agreed between the parties. 4.7. 5.5 Any and all liabilities arising at the end of the Project including any redundancy liabilities for staff employed by the Recipient to deliver the Project must be managed and paid for by the Recipient using the Grant or other resources of the Recipient. There will be no additional funding available from the Funder for this purpose. 5.6 The Grant may not be used for payments that support activity intended to influence or attempt to influence Parliament, Government or political parties, or attempting to influence the awarding or renewal of contracts and grants, or attempting to influence legislative or regulatory action. 5.7 If the Recipient is uncertain whether an activity may contravene clause 5.7 above the Recipient shall seek advice from the Funder. 5.8 The Funder reserves the right to remove or amend or qualify clause 5.7 above.

Appears in 1 contract

Samples: Grant Agreement

Use of Grant. 4.1. The Grant shall be used by the Recipient for the capital costs of the delivery of the Project, in order to achieve the Project Aims in accordance with any agreed spend profile. The agreed Grant Spend Profile is the budget set out above within the Grant Funding Profile section that is in Annex business case attached at Schedule 1, and can be updated on a quarterly basis with (prior written) agreement from the Funder. 4.2. Where the Recipient has obtained funding from a third party in relation to its delivery of the Project (including without limitation funding for associated administration and staffing costs), the amount of such funding shall be included in the Grant Budget together with a clear description of what that funding shall be used for. 4.3. The Recipient shall not use the Grant to: 4.3.1. : make any payment to members of its Governing Body; 4.3.2. make any payment in any way in relation to any of the Ineligible expenditure; or 4.3.3. pay for any expenditure commitments of the Recipient entered into before the Commencement Date, or purchase buildings or land unless this has been approved in writing by the Funder. 4.4. The Recipient shall not spend any part of the Grant on the delivery of the Project after the Grant Period. 4.5Period without the Funder’s prior written consent. The Recipient shall not enter into any contracts or permit any payments to third parties funded in whole or part by at all times during the Grant unless those Period ensure that all contracts or payments are made in accordance that it places to deliver any part of the Project comply with the prevailing procurement regime in effect in the UK, as well as any minimum requirements set by the Funder. Guidance will be provided separately Procurement Regulations and annexed to shall not spend the Grant Agreement. 4.6. Should or any part of the Grant remain unspent at in connection with a contract which was not procured, or does not comply with the end Procurement Regulations except where the contract is outside the scope of the Grant Period (end March, 2026), Procurement Regulations. The Recipient acknowledges and agrees that the Recipient shall ensure that any unspent monies are returned to the Funder/the funding Funder will not be allocated to provide any additional funding for the Project. The Recipient or, if agreed in writing by the Funder, the Recipient agrees that it shall be entitled to retain responsible for any additional costs over and above the unspent monies/transferred unspent monies to use for purposes as agreed between Grant in connection with the parties. 4.7Project. Any liabilities arising at the end of the Project including any redundancy liabilities for staff employed by the Recipient to deliver the Project must be managed and paid for by the Recipient using the Grant or other resources of the Recipient. There will be no additional funding available from the Funder for this purpose. While carrying out the Project the Recipient shall comply with all applicable statutes and bye-laws, and all regulations, rules and delegated legislation, relevant to the Project. The Recipient shall immediately report to the Funder and Programme Manager any loss of or abuse of funds for any reason. Accounts and records The Grant shall be shown in the Recipient's accounts as a restricted fund and shall not be included in any general funds. The Recipient shall keep separate, accurate and up-to-date accounts and records of the receipt and expenditure of the Grant monies received by it. The Recipient shall keep all invoices, receipts, and accounts and any other relevant documents relating to the expenditure of the Grant for a period of at least three years following receipt of the last Grant payment received. The Funder shall have the right to review, at the Funder's reasonable request, the Recipient's accounts and records that relate to the expenditure of the Grant and shall have the right to take copies of such accounts and records. The Recipient shall comply with any request from the Funder which relates to the Funder's compliance with all statutory requirements as regards accounts, audit or examination of accounts, annual reports and annual returns applicable to the Funder. Monitoring and reporting The Recipient shall monitor the delivery and success of the Project through Project Milestones to ensure that the aims and objectives of the Project are being met and that this Agreement is being adhered to, and deliver written updates to the Funder every three months. The Recipient shall on request provide the Funder with such information, explanations and documents as the Funder may reasonably require in order for it to establish that the Grant is being or has been used properly in accordance with this Agreement, and in particular to monitor delivery of the Project Aims. The Recipient shall permit any person authorised by the Funder such reasonable access to its employees, agents, premises, facilities and records, for the purpose of discussing, monitoring and evaluating the Recipient's fulfilment of the conditions of this Agreement and shall, if so required, provide appropriate oral or written explanations from them. The Recipient shall permit any person authorised by the Funder to visit the Recipient once a year to monitor the delivery of the Project. Where, in its reasonable opinion, the Funder considers that additional visits are necessary to monitor the Project, it shall be entitled to authorise any person to make such visits on its behalf. The Recipient shall, at the request of the Funder, facilitate periodic senior management level updates every six monthly and meet Funder’s nominated representative at intervals of no more than 3 months to allow the Funder to monitor delivery of the Project Aims. The Recipient shall provide the Funder with a final report on completion of the Project which shall confirm whether the Project Aims have been successfully completed. Not used Acknowledgment and publicity Not used Neither the Recipient nor the Funder shall publish any material referring to the Project without the prior written agreement of the other. The Recipient shall acknowledge the support of the Funder in any materials that refer to the Project and in any written or spoken public presentations about the Project. Such acknowledgements (where appropriate or as requested by the Funder) shall include the Funder's name and logo (or any future name or logo adopted by the Funder) using the templates provided by the Funder from time to time. In using the name or logo of the other party the Funder or the Recipient as appropriate shall comply with all reasonable branding guidelines. The Funder and the Recipient each agree to use reasonable endeavours to participate in and co-operate with promotional activities relating to the Project that may be instigated and/or organised by either party. The Recipient shall comply with all reasonable requests from the Funder to facilitate visits, provide reports, statistics, photographs and case studies that will assist the Funder to track and assess progress and performance of the Project and/or with any promotional and fundraising activities relating to the Project. Intellectual Property Rights The Funder and the Recipient agree that all rights, title and interest in or to any information, data, reports, documents, procedures, forecasts, technology, Know-How and any other Intellectual Property Rights whatsoever owned by either the Funder or the Recipient before the Commencement Date or developed by either party during the performance of their respective obligations under this Agreement or outside of the Project during the Grant Period, shall remain the property of that party. Where the Funder has provided the Recipient with any of its Intellectual Property Rights for use in connection with the Project (including without limitation its name and logo), the Recipient shall, on termination of this Agreement, cease to use such Intellectual Property Rights immediately and shall either return or destroy such data relating to Intellectual Property Rights as requested by the Funder. Unless expressly provided by this Agreement the Funder does not transfer any of its Intellectual Property Rights to the Recipient or give any licence to use its Intellectual Property Rights. Each party shall immediately give written notice to the other party of any actual, threatened or suspected infringement or unauthorised use of any party’s Intellectual Property Rights under or in connection with this Agreement. No party to this Agreement shall take any action that might invalidate the Intellectual Property Rights owned by or licensed to the other party. The provisions of this clause shall survive expiry or termination of this Agreement. The Recipient hereby grants to the Funder (for itself and for the benefit of any successor and assigns) a non-exclusive, irrevocable, royalty-free licence to any Intellectual Property Rights which are generated by the Recipient or anyone else working on the Project as a result of the Project.

Appears in 1 contract

Samples: Grant Agreement

Use of Grant. 4.15.1 To use the Grant only for the delivery of the Project and in accordance with the terms and conditions set out in this Agreement. The Grant shall not be used for any other purpose without the prior written agreement of the Funder. The Grant shall be used by the Recipient for the delivery of the Project in accordance with any the agreed spend profile. The agreed Grant Spend Maximum Available Funding Profile is set out above within in Schedule 3. For the avoidance of doubt, the amount of the Grant Funding Profile section that is the Recipient may claim in Annex 1, and can be updated on a quarterly basis any quarter shall not (when aggregated with (other claims in the relevant period) exceed the individual maximum sum of money listed in Schedule 3 for the particular period in which that quarter falls without the prior written) written agreement from of the Funder. 4.2. 5.2 Where the Recipient has obtained funding from a third party in relation to its delivery of the Project (including without limitation funding for associated administration and staffing costs), the amount of such funding shall be included in the Grant Budget budget as set out within the Maximum Available Funding Profile in Schedule 3 together with a clear description of what that funding shall be used forthe use for the funding. 4.3. The 5.3 Where any part of the Grant is exceptionally claimed in advance, by agreement with the Funder, the Recipient shall not use ensure that any unspent monies in respect of that expenditure item are returned to the Grant to: 4.3.1. make any payment to members of its Governing Body; 4.3.2. make any payment in any way in relation to any of the Ineligible expenditure; Funder or 4.3.3. pay for any expenditure commitments of the Recipient entered into before the Commencement Date, unless this has been approved if agreed in writing by the Funder, retained by the Recipient against subsequent Grant claims. 4.4. 5.4 The Recipient shall not spend any part of the Grant on the delivery of the Project after the Grant Period. 4.5. The Recipient shall not enter into any contracts or permit any payments to third parties funded in whole or part by the Grant unless those contracts or payments are made in accordance with the prevailing procurement regime in effect in the UK, as well as any minimum requirements set by the Funder. Guidance will be provided separately and annexed to the Grant Agreement. 4.6. 5.5 Should any part of the Grant remain unspent at the end of the Grant Period (end March, 2026)Period, the Recipient shall ensure that any unspent monies are returned to the Funder/the funding will not be allocated to the Recipient or, if agreed in writing by the Funder, the Recipient shall be entitled to retain the unspent monies/transferred unspent monies to use for purposes as agreed between the parties. 4.7. 5.6 Any liabilities arising at the end of the Project including any redundancy liabilities for staff employed by the Recipient to deliver work on the Project must be managed and paid for by the Recipient using the Grant (if this item of expenditure has been included within the Grant) or other resources of the Recipient. There will be no additional funding available from the Funder for this purpose.

Appears in 1 contract

Samples: Grant Agreement

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Use of Grant. 4.1. ‌ 7.1 The Grant shall be used by the Recipient for the delivery of the Project in accordance with any agreed spend profile. The agreed Grant Spend Profile is set out above within the Grant Funding Profile section that is in Annex 1, and can be updated on a quarterly basis with (prior written) agreement from the FunderProject. 4.2. 7.2 Where the Recipient or a Delivery Partner has obtained funding from a third party party, or where it intends to contribute its own resources in relation to its delivery of the Project (including without limitation funding for associated administration and staffing costs), it shall notify the amount Funder. Details of such the funding shall be included in the information provided to the Funder in accordance with Clause 10. 7.3 If the Funder provides additional Grant Budget together with a clear description to the Recipient under the Scheme, such additional Grant shall be subject to the terms of what that funding this agreement and shall be used forby the Recipient and its Delivery Partners in accordance with the instructions of the Funder. 4.3. 7.4 The Recipient shall not not, and shall ensure that the Delivery Partners do not, use the Grant to: 4.3.1. 7.4.1 carry out any activities which are not aligned with the Purpose or Project as agreed; or 7.4.2 make any payment to members of its Governing Body; 4.3.2. make any payment in any way in relation to any of or their (as the Ineligible expenditurecase may be) employees, directors, shareholders or members, save as permitted Eligible Expenditure; or 4.3.3. 7.4.3 pay for any expenditure commitments of the Recipient entered into before the Commencement Date, 18 April 2023 unless this has been approved in writing by the Funder. 4.4. The Recipient shall not spend any 7.5 No part of the Grant shall be spent on the delivery of the Project after the Grant PeriodPeriod except as agreed in writing by the Funder. 4.5. 7.6 The Recipient shall, and shall not enter into any contracts or permit any payments ensure that Delivery Partners, adopt such policies and procedures as are necessary in order to ensure all works, goods and/or services funded through the Grant represent value for money and that all third parties paid using the Grant are paid no more than market rates for their works, goods and/or services and are engaged on arm’s length market terms.‌ 7.7 Notwithstanding the generality of Clause 7.6 the Recipient shall, and shall ensure that the Delivery Partners shall, use procedures for the procurement of goods, works and services in connection with the Project which: 7.7.1 are compliant with the Public Procurement Rules; and 7.7.2 are sufficient to ensure that all goods, works and services funded in whole or part by the Grant unless those contracts or payments are made in accordance with the prevailing procurement regime in effect in the UK, as well as any minimum requirements set by the Funder. Guidance will be provided separately and annexed to the Grant Agreementrepresent good value for money. 4.6. Should any part of the Grant remain unspent at 7.8 At the end of the Grant Period (end March, 2026), each Contract Year the Recipient shall ensure that any Grant monies paid to the Recipient and which remain unspent monies whether by the Recipient or any Delivery Partner are returned to the Funder/Funder within fifteen (15) Working Days of the funding will not be allocated to the Recipient or, if end of each Contract Year unless agreed in writing by the Funder, the Recipient shall be entitled to retain the unspent monies/transferred unspent monies to use for purposes as agreed between the parties. 4.7. 7.9 Any liabilities arising at the end of the Project including any redundancy liabilities for staff employed by the Recipient or Delivery Partners to deliver the Project must be managed and paid for by the Recipient or the Delivery Partner using the Grant or other resources of the RecipientRecipient or Delivery Partner other than the Grant. There will be no additional funding available from the Funder for this purpose. 7.10 The Recipient shall, and shall ensure that its Delivery Partners, manage its/their supply chain in accordance with the Supplier Code of Conduct and provide evidence to demonstrate compliance with the Supplier Code of Conduct when requested by the Funder. 7.11 The Recipient shall, and shall ensure that its Delivery Partners shall, pay any person from whom goods, works or services are purchased in connection with the Project within thirty (30) calendar days of receiving a valid undisputed invoice from that person. The Recipient shall report any breach or suspected breach of this clause 7.11 to the Funder immediately on becoming aware of such breach or suspected breach.‌ 7.12 The Recipient shall, and shall require, and actively check, that its Delivery Partners, maintain policies and procedures to comply with their obligations under the Modern Slavery Act 2015 and any applicable anti-slavery and human trafficking laws, statutes, regulations and codes (Anti-Slavery Laws) from time to time in force and include clauses requiring compliance with the Anti-Slavery Laws in their contracts with third parties.‌ 7.13 The Recipient shall report any breach or suspected breach of Clause 7.12 and/or the obligations of the Recipient and/or its Delivery Partners under the Anti-Slavery Laws immediately on becoming aware of such breach or suspected breach. 7.14 The Recipient shall, and shall ensure that the Delivery Partners shall, comply with all Law relevant to this agreement at all times during the term of this agreement. 7.15 The Recipient shall, and shall ensure that its Delivery Partners shall, comply with all Law, guidance, and policies applicable to safeguarding, together with any specific guidance or policies communicated to them by the Funder or the Lead Funder. The Recipient shall report any breach or suspected breach of safeguarding requirements to the Funder immediately upon becoming aware of such breach or suspected breach.

Appears in 1 contract

Samples: Grant Funding Agreement

Use of Grant. 4.1. The Grant shall be used by the Recipient for the delivery of the Project Purpose in accordance with any the agreed spend profile. The agreed Grant Spend Profile is budget set out above within in Schedule 2. For the avoidance of doubt, the amount of the Grant Funding Profile section that is the Recipient may spend on any item of expenditure listed in Annex 1, and can be updated on a quarterly basis with (column 1 of 0 shall not exceed the corresponding sum of money listed in column 2 without the prior written) written agreement from of the Funder. 4.2Council. Where the Recipient has obtained funding from a third party in relation to its delivery of the Project Purpose (including without limitation funding for associated administration and staffing costs), the amount of such funding shall be included in the Grant Budget budget in 0 together with a clear description of what that funding shall be used for. 4.3. The Recipient shall not use the Grant to: 4.3.1. : make any payment to members of its Governing Body; 4.3.2. make any payment in any way in relation to any of the Ineligible expenditure; or 4.3.3. purchase buildings or land; or pay for any expenditure commitments of the Recipient entered into before the Commencement Date, unless this has been approved in writing by the Funder. 4.4Council. The Recipient shall not spend any part of the Grant on the delivery of the Project Purpose after the Grant Period. 4.5. The Recipient shall not enter into any contracts or permit any payments to third parties funded in whole or part by the Grant unless those contracts or payments are made in accordance with the prevailing procurement regime in effect in the UK, as well as any minimum requirements set by the Funder. Guidance will be provided separately and annexed to the Grant Agreement. 4.6. Should any part of the Grant remain unspent at the end of the Grant Period (end March, 2026)Period, the Recipient shall ensure that any unspent monies are returned to the Funder/the funding will not be allocated to the Recipient Council or, if agreed in writing by the FunderCouncil, the Recipient shall be entitled to retain the unspent monies/transferred unspent monies to use for charitable purposes as agreed between the parties. 4.7. Any liabilities arising at the end of the Project Purpose including any redundancy liabilities for staff employed by the Recipient to deliver the Project Purpose must be managed and paid for by the Recipient using the Grant or other resources of the Recipient. There will be no additional funding available from the Funder Council for this purpose.

Appears in 1 contract

Samples: Grant Agreement

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