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Common use of Use of the Grant Clause in Contracts

Use of the Grant. 5.1 The Grant Recipient shall: (a) use the Grant to fund the Project in accordance with the Schedule of Costs and for no other purpose; (b) ensure that value for money and sound procurement practices are applied to all contracts entered into in connection with the Project; (c) use each Grant instalment to fund the Development Stage for which that Grant instalment was claimed and for no other purpose unless otherwise agreed in writing by the Authority; (d) not put the Authority in breach of any requirement of the GLA Grant Agreement; (e) not breach, or put the Authority in breach of, the Employers Requirements; (f) not permit a "Start on Site" as defined in the GLA Grant Agreement (where "Named Project" referred to in the GLA Grant Agreement means for the purposes of this Agreement the Project) without first providing a signed and completed copy of the Building Contract to the Authority; (g) Commit Grant monies in accordance with the Programme; (h) ensure that the design and construction of Development follows the Design Guide; (i) not hold any amount of the Grant otherwise than in in the Project Bank Account; (j) not use the Grant to: (i) make any payment to members of its governing body; or (ii) meet, cover or pay for any revenue expenditure; (k) not Commit or otherwise expend any amount of the Grant after the expiry of the Grant Period. 5.2 Where the Grant Recipient intends to apply to a third party for other funding for the Project, the Grant Recipient shall notify the Authority in advance of so applying and where such funding is obtained the Grant Recipient shall provide the Authority with details of the amount and purpose of that funding and shall as soon as reasonably practicable update the Schedule of Costs to make clear reference to such third party funding and to its intended use. 5.3 The Grant Recipient agrees and accepts that it shall not apply for duplicate funding in respect of any part of the Project or any related administration costs that the Authority is funding under this Agreement. 5.4 The Grant Recipient shall: (a) comply with, and shall procure that any Affiliate of the Grant Recipient (including the Development Subsidiary) and any contractors with or suppliers to the Grant Recipient shall comply with, the Employer's Requirements; and (b) comply with the requirements of the Public Contracts Regulation 2015 (as amended, replaced or repealed) in so far as they are applicable to the Grant Recipient in connection with the procurement of any works, equipment, goods and services in relation to the Project and the Grant Recipient shall promptly provide the Authority or any government office any information which the Authority may request in order to satisfy itself that the Grant Recipient, its Affiliates, contractors or suppliers have done so where they are required to do so. 5.5 The Grant Recipient shall, and shall procure that any Affiliate of the Grant Recipient shall, ensure that all works, equipment, goods and services procured in relation to the Project represent good value for money. In determining how this requirement should be met, the Grant Recipient shall (and shall procure that its contractors shall) take account of public sector accountability and probity and shall document the decision making process. 5.6 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 Grant Recipient using the Grant or other resources of the Grant Recipient. There will be no additional funding available from the Authority for this purpose. 5.7 Should the Grant Recipient be subject to financial or other difficulties which are capable of having a material impact on its effective delivery of the Project or compliance with this Agreement it will notify the Authority as soon as possible so that, if possible, and without creating any legal obligation, the Authority will have an opportunity to provide assistance in resolving the problem or to take action to protect the Authority and the Grant monies. 5.8 The Grant Recipient shall notify the Authority of any failure by the Grant Recipient to comply with this Agreement immediately upon becoming aware of such failure.

Appears in 2 contracts

Samples: Project Grant Agreement, Project Grant Agreement

Use of the Grant. 5.1 4.1 The Grant shall be used by the Recipient shall: (a) use for the Grant to fund delivery of the Project in accordance with the Schedule Project Programme, the Grant Application, the Grant Determination Letter and in accordance with the Agreement. For the avoidance of Costs and for no other purposedoubt, the amount of the Grant that the Recipient may spend on any item of Eligible Expenditure listed in the Project Programme shall not exceed the forecasted amounts as listed in the Project Programme (without prior written agreement of Salix). 4.2 The Recipient shall not use the Grant to: 4.2.1 make any payment to members of its Governing Body; (b) ensure that value 4.2.2 purchase buildings or land; or 4.2.3 pay for money and sound procurement practices are applied to all contracts any expenditure commitments of the Recipient entered into before the Grant Payment Date, unless this has been approved in connection with writing by the Project;Secretary of State. (c) use each 4.3 The Recipient shall not spend any part of the Grant instalment to fund on the Development Stage delivery of the Project after the date of Practical Completion. 4.4 Should any part of the Grant remain unspent at the date of Practical Completion, or should any part of the Grant be provided for items of Eligible Expenditure which that Grant instalment was claimed and for no other purpose subsequently cost less than forecasted in the Project Programme, the Recipient shall, unless otherwise agreed in writing by the Authority; (d) not put the Authority in breach Secretary of State, ensure that any requirement of the GLA Grant Agreement; (e) not breach, or put the Authority in breach of, the Employers Requirements; (f) not permit a "Start on Site" as defined in the GLA Grant Agreement (where "Named Project" referred to in the GLA Grant Agreement means for the purposes of this Agreement the Project) without first providing a signed and completed copy of the Building Contract unspent monies are returned to the Authority; (g) Commit Grant monies in accordance with the Programme; (h) ensure that the design and construction Secretary of Development follows the Design Guide; (i) not hold any amount of the Grant otherwise than in in the Project Bank Account; (j) not use the Grant to: (i) make any payment to members of its governing body; or (ii) meet, cover or pay for any revenue expenditure; (k) not Commit or otherwise expend any amount of the Grant after the expiry of the Grant PeriodState. 5.2 4.5 Where the Grant Recipient intends to apply to enters into a contract with a third party for other funding for in connection with the Project, the Grant Recipient shall notify will remain responsible for paying that third party. Neither the Authority in advance Secretary of so applying and where such funding is obtained State nor Salix has responsibility for paying the invoices of third parties. 4.6 Onward payment of the Grant Recipient shall provide and the Authority with details use of the amount and purpose of that funding and shall as soon as reasonably practicable update the Schedule of Costs to make clear reference to such third party funding and to its intended use. 5.3 The Grant Recipient agrees and accepts that it sub-contractors shall not apply for duplicate funding in respect relieve the Recipient of any part of its obligations under the Project or any related administration costs that the Authority is funding under this Agreement. 5.4 The Grant Recipient shall: (a) comply with, and shall procure that any Affiliate of the Grant Recipient (including the Development Subsidiary) and any contractors with or suppliers to the Grant Recipient shall comply with, the Employer's Requirements; and (b) comply with the requirements of the Public Contracts Regulation 2015 (as amended, replaced or repealed) in so far as they are applicable to the Grant Recipient in connection with the procurement of any works, equipment, goods and services in relation to the Project and the Grant Recipient shall promptly provide the Authority or any government office any information which the Authority may request in order to satisfy itself that the Grant Recipient, its Affiliates, contractors or suppliers have done so where they are required to do so. 5.5 The Grant Recipient shall, and shall procure that any Affiliate of the Grant Recipient shall, ensure that all works, equipment, goods and services procured in relation to the Project represent good value for money. In determining how this requirement should be met, the Grant Recipient shall (and shall procure that its contractors shall) take account of public sector accountability and probity and shall document the decision making process. 5.6 4.7 Any liabilities arising at the end of the Project and which are not otherwise incorporated within the Project Programme, including but not limited to any redundancy liabilities for staff employed by the Recipient to deliver the Project Project, must be managed and paid for by the Grant Recipient using the Grant or other resources of the Grant RecipientRecipient and not using the Grant. There will be no additional funding available from the Authority Secretary of State for this purpose. 5.7 Should the Grant Recipient be subject to financial or other difficulties which are capable of having a material impact on its effective delivery of the Project or compliance with this Agreement it will notify the Authority as soon as possible so that, if possible, and without creating any legal obligation, the Authority will have an opportunity to provide assistance in resolving the problem or to take action to protect the Authority and the Grant monies. 5.8 The Grant Recipient shall notify the Authority of any failure by the Grant Recipient to comply with this Agreement immediately upon becoming aware of such failure.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

Use of the Grant. 5.1 The Grant Recipient shall: (a) use the Grant to fund the Project in accordance with the Schedule of Costs and for no other purpose; (b) ensure that value for money and sound procurement practices are applied to all contracts entered into in connection with the Project; (c) use each Grant instalment to fund the Development Stage for which that Grant Xxxxx instalment was claimed and for no other purpose unless otherwise agreed in writing by the Authority; (d) not put the Authority in breach of any requirement of the GLA Grant Agreement; (e) not breach, or put the Authority in breach of, the Employers Requirements; (f) not permit a "Start on Site" as defined in the GLA Grant Agreement (where "Named Project" referred to in the GLA Grant Agreement means for the purposes of this Agreement the Project) without first providing a signed and completed copy of the Building Contract to the Authority; (g) Commit Grant monies in accordance with the Programme; (h) ensure that the design and construction of Development follows the Design Guide; (i) not hold any amount of the Grant otherwise than in in the Project Bank Account; (j) not use the Grant to: (i) make any payment to members of its governing body; or (ii) meet, cover or pay for any revenue expenditure; (k) not Commit or otherwise expend any amount of the Grant after the expiry of the Grant Period. 5.2 Where the Grant Recipient intends to apply to a third party for other funding for the Project, the Grant Recipient shall notify the Authority in advance of so applying and where such funding is obtained the Grant Recipient shall provide the Authority with details of the amount and purpose of that funding and shall as soon as reasonably practicable update the Schedule of Costs to make clear reference to such third party funding and to its intended use. 5.3 The Grant Recipient agrees and accepts that it shall not apply for duplicate funding in respect of any part of the Project or any related administration costs that the Authority is funding under this Agreement. 5.4 The Grant Recipient shall: (a) comply with, and shall procure that any Affiliate of the Grant Recipient (including the Development Subsidiary) and any contractors with or suppliers to the Grant Recipient shall comply with, the Employer's Requirements; and (b) comply with the requirements of the Public Contracts Regulation 2015 (as amended, replaced or repealed) in so far as they are applicable to the Grant Recipient in connection with the procurement of any works, equipment, goods and services in relation to the Project and the Grant Recipient shall promptly provide the Authority or any government office any information which the Authority may request in order to satisfy itself that the Grant Recipient, its Affiliates, contractors or suppliers have done so where they are required to do so. 5.5 The Grant Recipient shall, and shall procure that any Affiliate of the Grant Recipient shall, ensure that all works, equipment, goods and services procured in relation to the Project represent good value for money. In determining how this requirement should be met, the Grant Recipient shall (and shall procure that its contractors shall) take account of public sector accountability and probity and shall document the decision making process. 5.6 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 Grant Recipient using the Grant or other resources of the Grant Recipient. There will be no additional funding available from the Authority for this purpose. 5.7 Should the Grant Recipient be subject to financial or other difficulties which are capable of having a material impact on its effective delivery of the Project or compliance with this Agreement it will notify the Authority as soon as possible so that, if possible, and without creating any legal obligation, the Authority will have an opportunity to provide assistance in resolving the problem or to take action to protect the Authority and the Grant monies. 5.8 The Grant Recipient shall notify the Authority of any failure by the Grant Recipient to comply with this Agreement immediately upon becoming aware of such failure.

Appears in 2 contracts

Samples: Project Grant Agreement, Project Grant Agreement

Use of the Grant. 5.1 Provision of Salaries and for Other Duties‌ The Grant Recipient shall: (a) use funding specified in the Grant Offer must not be used for the provision of salary support for Specified Personnel. The Grant funding may be used for the payment of a PI’s costs incurred because of their involvement in the Project, where such visits and costings were outlined in the Application and were not prohibited as a Special Condition. Grant funding for Project costs may be used by the Administering Organisation and Other Eligible Organisations to fund employ Personnel, other than the Project Specified Personnel, where provision for such was included in the Application in accordance with the Schedule Grant Guidelines and approved by the Minister. They may be employed full-time or part-time, as required. In respect of Costs Personnel other than Specified Personnel, unless the ARC otherwise determines: in recruiting Personnel, the Administering Organisation and Other Eligible Organisations must follow their normal recruitment procedures; the provision of salaries, recreation leave, sick leave and other conditions of employment for no other purpose; (b) Personnel must be those of the employing organisation; and the on-costs provisions beyond the ARC contribution of 30 per cent remain the responsibility of the Administering Organisation or Other Eligible Organisations, for example extended periods of leave, severance pay, and such like must not be provided from ARC Grant funds. The Administering Organisation and Other Eligible Organisations must ensure that value for money any Personnel who are employed full-time on a Project and sound procurement practices are applied to all contracts entered into whose salary is provided from the Grant will not, without the prior agreement of the ARC, accept any remuneration whatsoever from any source other than the Administering Organisation or Other Eligible Organisation in connection with respect of work performed on the Project; (c) use each . Project payments can only commence once the Grant instalment Agreement has been executed by both Parties. Retrospective salary payments will not be paid for employment prior to fund the Development Stage date the Grant Agreement is executed except for which that Grant instalment was claimed and establishment costs as allowed in Schedule B. A Partner Organisation’s cash contribution to the Administering Organisation for no other purpose unless otherwise agreed in writing by the Authority; (d) not put Project may be used to raise the Authority in breach of any requirement levels of the GLA Grant Agreement; (e) not breachsalaries paid to Personnel, or put excluding the Authority salaries of Specified Personnel. Where a HDR stipend is to be paid from Project costs: the HDR stipend recipient must be enrolled in breach of, the Employers Requirements; (f) not permit a "Start on Site" Higher Degree by Research at an Eligible Organisation as defined listed in the GLA Grant Agreement (where "Named Project" referred to in the GLA Grant Agreement means for the purposes of this Agreement the Project) without first providing a signed and completed copy of the Building Contract to the Authority; (g) Commit Grant monies in accordance with the Programme; (h) ensure that the design and construction of Development follows the Design Guide; (i) not hold any amount section 6.8 of the Grant otherwise than in Guidelines; the HDR stipend per annum must be at an appropriate level as specified in the Project Bank Account; (j) not use ARC salary and stipend rates document on the ARC website and the relevant Grant to: (i) make any payment to members Guidelines; management of its governing body; or (ii) meet, cover or pay for any revenue expenditure; (k) not Commit or otherwise expend any amount candidature of HDR stipend recipients will be at the discretion of the Grant after Administering Organisation or Participating Organisation as appropriate. This includes but is not limited to selection, appointment, periods of leave and/or suspension of candidature; and other costs of candidature will be the expiry responsibility of the Grant PeriodAdministering Organisation as appropriate. Costs of candidature may include, but are not limited to, costs of relocation, periods of leave and thesis production. 5.2 Where the Grant Recipient intends to apply to a third party for other funding for the Project, the Grant Recipient shall notify the Authority in advance of so applying and where such funding is obtained the Grant Recipient shall provide the Authority with details of the amount and purpose of that funding and shall as soon as reasonably practicable update the Schedule of Costs to make clear reference to such third party funding and to its intended use. 5.3 The Grant Recipient agrees and accepts that it shall not apply for duplicate funding in respect of any part of the Project or any related administration costs that the Authority is funding under this Agreement. 5.4 The Grant Recipient shall: (a) comply with, and shall procure that any Affiliate of the Grant Recipient (including the Development Subsidiary) and any contractors with or suppliers to the Grant Recipient shall comply with, the Employer's Requirements; and (b) comply with the requirements of the Public Contracts Regulation 2015 (as amended, replaced or repealed) in so far as they are applicable to the Grant Recipient in connection with the procurement of any works, equipment, goods and services in relation to the Project and the Grant Recipient shall promptly provide the Authority or any government office any information which the Authority may request in order to satisfy itself that the Grant Recipient, its Affiliates, contractors or suppliers have done so where they are required to do so. 5.5 The Grant Recipient shall, and shall procure that any Affiliate of the Grant Recipient shall, ensure that all works, equipment, goods and services procured in relation to the Project represent good value for money. In determining how this requirement should be met, the Grant Recipient shall (and shall procure that its contractors shall) take account of public sector accountability and probity and shall document the decision making process. 5.6 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 Grant Recipient using the Grant or other resources of the Grant Recipient. There will be no additional funding available from the Authority for this purpose. 5.7 Should the Grant Recipient be subject to financial or other difficulties which are capable of having a material impact on its effective delivery of the Project or compliance with this Agreement it will notify the Authority as soon as possible so that, if possible, and without creating any legal obligation, the Authority will have an opportunity to provide assistance in resolving the problem or to take action to protect the Authority and the Grant monies. 5.8 The Grant Recipient shall notify the Authority of any failure by the Grant Recipient to comply with this Agreement immediately upon becoming aware of such failure.

Appears in 1 contract

Samples: Grant Agreement