Withholding of grant. 17.1 Notwithstanding any other term of this Agreement: 17.1.1 on or following the occurrence of a GW1 Event, Homes England: (a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner; (b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied; (c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(c) (Withholding of Grant); and (d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(a) (Withholding of Grant) to 17.1.2(c) (Withholding of Grant) (inclusive); 17.1.2 on or following the occurrence of a GW2 Event, Homes England: (a) shall not be obliged to make the payment of any Tranche due to the Lead Partner; (b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and (c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate; 17.1.3 on or following the occurrence of a GW3 Event, Homes England: (a) shall not be obliged to make the payment of any Tranche due to the Lead Partner; (b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and (c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate; 17.1.4 on or following the occurrence of a SW1 Event, Homes England: (a) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 (Adjustments to Final Tranche); (b) shall be entitled to exercise its rights under clause 16 (Adjustments to Final Tranche); and (c) shall where the provisions of clause 16.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate; 17.1.5 on or following the occurrence of a SW2 Event, Homes England: (a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner in relation to the relevant Firm Scheme; (b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied; (c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(c) (Withholding of Grant); and (d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6 (a) to 17.1.6(c) (inclusive) (Withholding of Grant); 17.1.6 on or following the occurrence of a SW3 Event, Homes England: (a) shall not be obliged to make the payment of any Tranche due to the Lead Partner in relation to the relevant Firm Scheme; (b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner in relation to the relevant Firm Scheme; and (c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate.
Appears in 3 contracts
Samples: Grant Agreement (Consortium), Grant Agreement (Consortium), Grant Agreement
Withholding of grant.
17.1 15.1 Notwithstanding any other term of this Agreement:
17.1.1 15.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 15.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 15.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 15.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClauses 15.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c15.1.2(c) (Withholding of GrantXxxxx) (inclusive);.
17.1.2 15.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.3 15.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.4 15.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 Clause 14 (Adjustments to Final Tranche);; and
(b) shall be entitled to exercise its rights under clause 16 Clause 14 (Adjustments to Final Tranche); and;
(c) shall where the provisions of clause 16.2.1 Clause 14.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.5 15.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 15.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause 15.1.5(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 15.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6Clauses 15.1.6
(a) to 17.1.6(c15.1.6(c) (inclusive) (Withholding of GrantXxxxx);
17.1.6 15.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
15.2 Homes England shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Clause 15 (Withholding of Grant).
15.3 Homes England shall not be obliged to make any payment of any Tranche to the Grant Recipient where the due date for such payment falls after 31 March 2026 unless Homes England has in its absolute discretion permitted an extension to that date pursuant to Clause 6.3 (Time extensions).
Appears in 3 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
Withholding of grant.
17.1 Notwithstanding any other term of this Agreement:
17.1.1 : on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.2(a) (Withholding of Grant) to 17.1.2(c) (Withholding of Grant) (inclusive);
17.1.2 . on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 . on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 . on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause Clause 16 (Adjustments to Final Tranche);; and
(b) shall be entitled to exercise its rights under clause Clause 16 (Adjustments to Final Tranche); and;
(c) shall where the provisions of clause Clause 16.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 . on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.5(c) (Withholding of Grant); ) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 ; on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate. Homes England shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Clause 17 (Withholding of Grant). Homes England shall not be obliged to make any payment of any Tranche to the Grant Recipient where the due date for such payment falls after 31 March 2026 unless Homes England has in its absolute discretion permitted an extension to that date pursuant to Clause 8.3 (Time extensions).
Appears in 3 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
Withholding of grant.
17.1 15.1 Notwithstanding any other term of this Agreement:
17.1.1 15.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 15.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 15.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 15.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClauses 15.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c15.1.2(c) (Withholding of GrantXxxxx) (inclusive);.
17.1.2 15.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.3 15.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.4 15.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 Clause 14 (Adjustments to Final Tranche);; and
(b) shall be entitled to exercise its rights under clause 16 Clause 14 (Adjustments to Final Tranche); and;
(c) shall where the provisions of clause 16.2.1 Clause 14.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.5 15.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 15.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause 15.1.5(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 15.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6Clauses 15.1.6
(a) to 17.1.6(c15.1.6(c) (inclusive) (Withholding of GrantXxxxx);
17.1.6 15.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
15.2 Homes England shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Clause 15 (Withholding of Grant).
15.3 Homes England shall not be obliged to make any payment of any Tranche to the Grant Recipient where the due date for such payment falls after 31 March 2026 unless Homes England has in its absolute discretion permitted an extension to that date pursuant to Clause
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Withholding of grant.
17.1 22.1 Notwithstanding any other term of this Agreement:
17.1.1 22.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend any payment due to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant)) make such payment of any Applicable Tranche or Revenue Funding Quarterly Payment as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 22.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 22.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClause 22.1.2(a) (Withholding of Grant) to 17.1.2(c22.1.2(c) (Withholding of Grant) (inclusive);
17.1.2 22.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 22.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 22.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Revenue Funding Scheme;
(b) shall not be obliged to make any payment to the Grant Recipient in relation to the relevant Capital Firm Scheme pending the outcome of the procedure described in clause 16 Clause 21 (Adjustments to Final TrancheRemaining Tranches);
(bc) shall be entitled to exercise its rights under clause 16 Clause 21 (Adjustments to Final TrancheRemaining Tranches); and
(cd) shall where the provisions of clause 16.2.1 Clause 21.2.1 (Adjustments to Final TrancheRemaining Tranches) have effect, be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 22.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend any payment due to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partner or any Revenue Funding Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Funding Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant) and Clause 22.4 (Withholding of Grant)) make such payment of any Tranche or Revenue Funding Quarterly Payment or otherwise as may then be due to the Lead Partner Grant Recipient (assuming no other General general Withholding Event or Scheme Withholding Event (in relation to that Capital Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause 22.1.5(c) (Withholding of Grant); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 22.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6Clauses 22.1.6
(a) to 17.1.6(c22.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 22.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Grant whether by way of any Tranche due to the Lead Partner or any Revenue Funding Quarterly Payment (or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Funding Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Capital Firm Scheme or Revenue Grant available to the Grant Recipient in relation to the Revenue Funding Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant or Revenue Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
22.2 Homes England shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Clause 22 (Withholding of Grant).
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Withholding of grant.
17.1 22.1 Notwithstanding any other term of this Agreement:
17.1.1 22.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend any payment due to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant)) make such payment of any Applicable Tranche or Revenue Funding Quarterly Payment as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 22.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 22.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClause 22.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c22.1.2(c) (Withholding of GrantXxxxx) (inclusive);
17.1.2 22.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 22.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 22.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Revenue Funding Scheme;
(b) shall not be obliged to make any payment to the Grant Recipient in relation to the relevant Capital Firm Scheme pending the outcome of the procedure described in clause 16 Clause 21 (Adjustments to Final TrancheRemaining Tranches);
(bc) shall be entitled to exercise its rights under clause 16 Clause 21 (Adjustments to Final TrancheRemaining Tranches); and
(cd) shall where the provisions of clause 16.2.1 Clause 21.2.1 (Adjustments to Final TrancheRemaining Tranches) have effect, be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 22.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend any payment due to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partner or any Revenue Funding Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Funding Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant) and Clause 22.4 (Withholding of Grant)) make such payment of any Tranche or Revenue Funding Quarterly Payment or otherwise as may then be due to the Lead Partner Grant Recipient (assuming no other General general Withholding Event or Scheme Withholding Event (in relation to that Capital Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause 22.1.5(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 22.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6Clauses 22.1.6
(a) to 17.1.6(c22.1.6(c) (inclusive) (Withholding of GrantXxxxx);
17.1.6 22.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Grant whether by way of any Tranche due to the Lead Partner or any Revenue Funding Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Funding Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Capital Firm Scheme or Revenue Grant available to the Grant Recipient in relation to the Revenue Funding Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant or Revenue Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
22.2 Homes England shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Clause 22 (Withholding of Grant).
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Withholding of grant.
17.1 16.1 Notwithstanding any other term of this Agreement:
17.1.1 16.1.1 on or following the occurrence of a GW1 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any First Tranche Grant or Second Tranche Grant as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes EnglandAgency's notification under this clause 17.1.1(cCondition 16.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bCondition 16.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aConditions 16.1.2(a) (Withholding of Grant) to 17.1.2(c16.1.2(c) (Withholding of Grant) (inclusive);.
17.1.2 16.1.2 on or following the occurrence of a GW2 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.3 16.1.3 on or following the occurrence of a GW3 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.4 16.1.4 on or following the occurrence of a SW1 Event, Homes Englandthe Agency:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(b) shall be entitled to exercise its rights under clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(c) shall where the provisions of clause 16.2.1 Condition 15.2.1 (Adjustments to Final TrancheSecond Tranche Grant) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;
17.1.5 16.1.5 on or following the occurrence of a SW2 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise) in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any First Tranche Grant or Second Tranche Grant as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes EnglandAgency's notification under this clause 17.1.5(cCondition 16.1.5(c) (Withholding of Grant); grant) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c16.1.6(c) (inclusive) (Withholding of Grantgrant);
17.1.6 16.1.6 on or following the occurrence of a SW3 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise) in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate.
16.2 The Agency shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Condition 16 (Withholding of Grant).
16.3 The Agency shall not be obliged to make any payment of First Tranche Grant, Second Tranche Grant or otherwise to the Grant Recipient where the due date for such payment falls after 31 March 2018 unless the Agency has in its absolute discretion permitted an extension to that date pursuant to Condition 7.3 (Time extensions).
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 Notwithstanding any other term of this Agreement:
17.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c) (Withholding of GrantXxxxx) (inclusive);.
17.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(ba) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(cb) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause Clause 16 (Adjustments to Final TrancheRemaining Tranches);; and
(b) shall be entitled to exercise its rights under clause Clause 16 (Adjustments to Final TrancheRemaining Tranches); and;
(c) shall where the provisions of clause Clause 16.2.1 (Adjustments to Final TrancheRemaining Tranches) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.5(c) (Withholding of Grant); Xxxxx) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of GrantXxxxx);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 Notwithstanding any other term of this Agreement:
17.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.2(a) (Withholding of Grant) to 17.1.2(c) (Withholding of Grant) (inclusive);
17.1.2 on or following the occurrence of a GW2 Event, Homes England:.
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 . on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 . on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause Clause 16 (Adjustments to Final Tranche);; and
(b) shall be entitled to exercise its rights under clause Clause 16 (Adjustments to Final Tranche); and;
(c) shall where the provisions of clause Clause 16.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 . on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.5(c) (Withholding of Grant); ) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.. Homes England shall not be obliged to make any payment of any Tranche to the Grant Recipient where the due date for such payment falls after 31 March 2026 unless Homes England has in its absolute discretion permitted an extension to that date pursuant to Clause
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 22.1 Notwithstanding any other term of this Agreement:
17.1.1 22.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant)) make such payment of any Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant or Revenue Quarterly Payment as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 22.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 22.1.1 (b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClauses 22.1.2(a) (Withholding of Grant) to 17.1.2(c22.1.2(c) (Withholding of Grant) (inclusive);
17.1.2 22.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 22.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 22.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Revenue Firm Scheme;
(b) shall not be obliged to make any payment to the Grant Recipient in relation to the relevant Capital Firm Scheme pending the outcome of the procedure described in clause 16 Clause 21 (Adjustments to Final TranchePractical Completion Tranche Grant);
(bc) shall be entitled to exercise its rights under clause 16 Clause 21 (Adjustments to Final TranchePractical Completion Tranche Grant); and
(cd) shall where the provisions of clause 16.2.1 Clause 21.2.1 (Adjustments to Final TranchePractical Completion Tranche Grant) have effect, be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 22.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant)) and Clause 22.4 (Withholding of Grant) make such payment of any Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant or Revenue Quarterly Payment as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Capital Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause 22.1.5(c) (Withholding of Grant); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 22.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6Clauses 22.1.6
(a) to 17.1.6(c22.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 22.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Capital Firm Scheme or Revenue Firm Scheme Grant available to the Grant Recipient in relation to the Revenue Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant or Revenue Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 16.1 Notwithstanding any other term of this Agreement:
17.1.1 16.1.1 on or following the occurrence of a GW1 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerPartner (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any First Tranche Grant or Second Tranche Grant as may then be due to the Lead Partner (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes Englandthe Agency's notification under this clause 17.1.1(cCondition 16.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bCondition 16.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aConditions 16.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c16.1.2(c) (Withholding of GrantXxxxx) (inclusive);.
17.1.2 16.1.2 on or following the occurrence of a GW2 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerPartner (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.3 16.1.3 on or following the occurrence of a GW3 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerPartner (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.4 16.1.4 on or following the occurrence of a SW1 Event, Homes Englandthe Agency:
(a) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(b) shall be entitled to exercise its rights under clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(c) shall where the provisions of clause 16.2.1 Condition 15.2.1 (Adjustments to Final TrancheSecond Tranche Grant) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.5 16.1.5 on or following the occurrence of a SW2 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner (whether by way of First Tranche Grant or Second Tranche Grant or otherwise) in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any First Tranche Grant or Second Tranche Grant as may then be due to the Lead Partner (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes Englandthe Agency's notification under this clause 17.1.5(cCondition 16.1.5(c) (Withholding of Grantgrant); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bCondition 16.1.5(b) (Withholding of Grantgrant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6Conditions 16.1.6
(a) to 17.1.6(c16.1.6(c) (inclusive) (Withholding of Grantgrant);
17.1.6 16.1.6 on or following the occurrence of a SW3 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead Partner (whether by way of First Tranche Grant or Second Tranche Grant or otherwise) in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate.
16.2 The Agency shall incur no liability of any description to any Consortium Member in or as a result of exercising its rights under this Condition 16 (Withholding of Grant).
16.3 The Agency's right to exercise its rights pursuant to:
16.3.1 Conditions 16.1.2(b) and 16.1.2(c) (Withholding of grant) in the circumstance of the loss or removal of the Lead Partner's Investment Partner; or
16.3.2 Conditions 16.1.3(b) and 16.1.3(c) (Withholding of grant) otherwise than in relation to the withdrawal or revocation of any Consent necessary to the delivery of the Approved Bid shall be suspended for the duration of the Resolution Period.
16.4 Where on or before the expiry of the Resolution Period:
16.4.1 the Relevant Withholding Event related to or was committed or caused by a Consortium Member other than the Lead Partner, the Relevant Consortium Member has been removed from the Consortium;
16.4.2 the Relevant Withholding Event related to or was committed or caused by the Lead Partner and:
(a) the Lead Partner has (save where the Relevant Withholding Event relates to the loss or removal of the Lead Partner's Investment Partner status) been removed from the Consortium; and
(b) the remaining Consortium Members have agreed with the Agency (acting reasonably (taking account of the requirement that the Replacement Lead Partner must have Investment Partner status)) the identity of the Replacement Lead Partner; and
16.4.3 the Removed Consortium Member has provided to the Agency a Deed of Release duly executed by it and the other Consortium Members together with the Completion Authority; and
16.4.4 either:
(a) following information supplied and/or representations made by the Consortium (excluding the Removed Consortium Member) the Agency is satisfied (acting reasonably) that the Consortium is capable of delivering the Approved Bid without the need for a change to it; or
(b) any change to the Approved Bid requested by the then Lead Partner as a result of the withdrawal of the Removed Consortium Member does not materially and adversely affect the delivery of the Approved Bid and the Agency has agreed such change in advance in writing the Agency's right under Conditions 16.1.2 or 16.1.3(b) (Withholding of grant) shall lapse in respect of the particular Relevant Withholding Event which gave rise to the implementation of the Resolution Period.
16.5 The Agency shall not be obliged to make any payment of First Tranche Grant, Second Tranche Grant or otherwise to the Lead Partner where the due date for such payment falls after 31 March 2018 unless the Agency has in its absolute discretion permitted an extension to that date pursuant to Condition 7.3 (Time extensions).
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 16.1 Notwithstanding any other term of this Agreement:
17.1.1 16.1.1 on or following the occurrence of a GW1 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any First Tranche Grant or Second Tranche Grant as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes EnglandAgency's notification under this clause 17.1.1(cCondition 16.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bCondition 16.1.1 (b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aConditions 16.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c16.1.2(c) (Withholding of GrantXxxxx) (inclusive);.
17.1.2 16.1.2 on or following the occurrence of a GW2 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.3 16.1.3 on or following the occurrence of a GW3 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.4 16.1.4 on or following the occurrence of a SW1 Event, Homes Englandthe Agency:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(b) shall be entitled to exercise its rights under clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(c) shall where the provisions of clause 16.2.1 Condition 15.2.1 (Adjustments to Final TrancheSecond Tranche Grant) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;
17.1.5 16.1.5 on or following the occurrence of a SW2 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise) in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any First Tranche Grant or Second Tranche Grant as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes EnglandAgency's notification under this clause 17.1.5(cCondition 16.1.5(c) (Withholding of Grant); grant) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c16.1.6(c) (inclusive) (Withholding of Grantgrant);
17.1.6 16.1.6 on or following the occurrence of a SW3 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise) in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate.
16.2 The Agency shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Condition 16 (Withholding of Grant).
16.3 The Agency shall not be obliged to make any payment of First Tranche Grant, Second Tranche Grant or otherwise to the Grant Recipient where the due date for such payment falls after 31 March 2018 unless the Agency has in its absolute discretion permitted an extension to that date pursuant to Condition 7.3 (Time extensions).
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 Notwithstanding any other term of this Agreement:
17.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner;
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c) (Withholding of GrantXxxxx) (inclusive);
17.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 Error! Reference source not found. (Adjustments to Final TrancheRemaining TranchesError! Reference source not found.);
(b) shall be entitled to exercise its rights under clause 16 Error! Reference source not found. (Adjustments to Final Tranche); andRemaining TranchesError!
(c) shall where the provisions of clause 16.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(c) (Withholding of Grant); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate.16.2.1
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 23.1 Notwithstanding any other term of this Agreement:
17.1.1 23.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerPartner (whether by way of any Tranche or any Revenue Funding Quarterly Payment or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Clause 23.3 (Withholding of Grant)) make such payment of any Applicable Tranche or Revenue Funding Quarterly Payment as may then be due to the Lead Partner (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 23.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 23.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClause 23.1.2(a) (Withholding of Grant) to 17.1.2(c23.1.2(c) (Withholding of Grant) (inclusive);
17.1.2 23.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Lead Partner (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 23.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Lead Partner (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 23.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Revenue Funding Scheme;
(b) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Capital Firm Scheme pending the outcome of the procedure described in clause 16 Clause 22 (Adjustments to Final TrancheRemaining Tranches);
(bc) shall be entitled to exercise its rights under clause 16 Clause 22 (Adjustments to Final TrancheRemaining Tranches); and
(cd) shall where the provisions of clause 16.2.1 Clause 22.2.1 (Adjustments to Final TrancheRemaining Tranches) have effect, be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 23.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner (whether by way of any Tranche or any Revenue Funding Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Funding Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Clause 23.3 (Withholding of Grant) and Clause 23.4 (Withholding of Grant)) make such payment of any Tranche or Revenue Funding Quarterly Payment or otherwise as may then be due to the Lead Partner (assuming no other General general Withholding Event or Scheme Withholding Event (in relation to that Capital Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause 23.1.5(c) (Withholding of Grant); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 23.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate.Clauses 23.1.6
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 Notwithstanding any other term of this Agreement:
17.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c) (Withholding of GrantXxxxx) (inclusive);
17.1.2 on or following the occurrence of a GW2 Event, Homes England:.
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 . on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 . on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause Clause 16 (Adjustments to Final Tranche);; and
(b) shall be entitled to exercise its rights under clause Clause 16 (Adjustments to Final Tranche); and;
(c) shall where the provisions of clause Clause 16.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 . on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.5(c) (Withholding of Grant); Xxxxx) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of GrantXxxxx);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.. Homes England shall not be obliged to make any payment of any Tranche to the Grant Recipient where the due date for such payment falls after 31 March 2026 unless Homes England has in its absolute discretion permitted an extension to that date pursuant to Clause
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 16.1 Notwithstanding any other term of this Agreement:
17.1.1 16.1.1 on or following the occurrence of a GW1 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerPartner (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any First Tranche Grant or Second Tranche Grant as may then be due to the Lead Partner (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes Englandthe Agency's notification under this clause 17.1.1(cCondition 16.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bCondition 16.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aConditions 16.1.2(a) (Withholding of Grant) to 17.1.2(c16.1.2(c) (Withholding of Grant) (inclusive);.
17.1.2 16.1.2 on or following the occurrence of a GW2 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerPartner (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.3 16.1.3 on or following the occurrence of a GW3 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerPartner (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.4 16.1.4 on or following the occurrence of a SW1 Event, Homes Englandthe Agency:
(a) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(b) shall be entitled to exercise its rights under clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(c) shall where the provisions of clause 16.2.1 Condition 15.2.1 (Adjustments to Final TrancheSecond Tranche Grant) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.5 16.1.5 on or following the occurrence of a SW2 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner (whether by way of First Tranche Grant or Second Tranche Grant or otherwise) in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any First Tranche Grant or Second Tranche Grant as may then be due to the Lead Partner (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes Englandthe Agency's notification under this clause 17.1.5(cCondition 16.1.5(c) (Withholding of Grantgrant); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bCondition 16.1.5(b) (Withholding of Grantgrant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6Conditions 16.1.6
(a) to 17.1.6(c16.1.6(c) (inclusive) (Withholding of Grantgrant);
17.1.6 16.1.6 on or following the occurrence of a SW3 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead Partner (whether by way of First Tranche Grant or Second Tranche Grant or otherwise) in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate.
16.2 The Agency shall incur no liability of any description to any Consortium Member in or as a result of exercising its rights under this Condition 16 (Withholding of Grant).
16.3 The Agency's right to exercise its rights pursuant to:
16.3.1 Conditions 16.1.2(b) and 16.1.2(c) (Withholding of grant) in the circumstance of the loss or removal of the Lead Partner's Investment Partner; or
16.3.2 Conditions 16.1.3(b) and 16.1.3(c) (Withholding of grant) otherwise than in relation to the withdrawal or revocation of any Consent necessary to the delivery of the Approved Bid shall be suspended for the duration of the Resolution Period.
16.4 Where on or before the expiry of the Resolution Period:
16.4.1 the Relevant Withholding Event related to or was committed or caused by a Consortium Member other than the Lead Partner, the Relevant Consortium Member has been removed from the Consortium;
16.4.2 the Relevant Withholding Event related to or was committed or caused by the Lead Partner and:
(a) the Lead Partner has (save where the Relevant Withholding Event relates to the loss or removal of the Lead Partner's Investment Partner status) been removed from the Consortium; and
(b) the remaining Consortium Members have agreed with the Agency (acting reasonably (taking account of the requirement that the Replacement Lead Partner must have Investment Partner status)) the identity of the Replacement Lead Partner; and
16.4.3 the Removed Consortium Member has provided to the Agency a Deed of Release duly executed by it and the other Consortium Members together with the Completion Authority; and
16.4.4 either:
(a) following information supplied and/or representations made by the Consortium (excluding the Removed Consortium Member) the Agency is satisfied (acting reasonably) that the Consortium is capable of delivering the Approved Bid without the need for a change to it; or
(b) any change to the Approved Bid requested by the then Lead Partner as a result of the withdrawal of the Removed Consortium Member does not materially and adversely affect the delivery of the Approved Bid and the Agency has agreed such change in advance in writing the Agency's right under Conditions 16.1.2 or 16.1.3(b) (Withholding of grant) shall lapse in respect of the particular Relevant Withholding Event which gave rise to the implementation of the Resolution Period.
16.5 The Agency shall not be obliged to make any payment of First Tranche Grant, Second Tranche Grant or otherwise to the Lead Partner where the due date for such payment falls after 31 March 2018 unless the Agency has in its absolute discretion permitted an extension to that date pursuant to Condition 7.3 (Time extensions).
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 16.1 Notwithstanding any other term of this Agreement:
17.1.1 16.1.1 on or following the occurrence of a GW1 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any First Tranche Grant or Second Tranche Grant as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes EnglandAgency's notification under this clause 17.1.1(cCondition 16.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bCondition 16.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aConditions 16.1.2(a) (Withholding of Grant) to 17.1.2(c16.1.2(c) (Withholding of Grant) (inclusive);.
17.1.2 16.1.2 on or following the occurrence of a GW2 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.3 16.1.3 on or following the occurrence of a GW3 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.4 16.1.4 on or following the occurrence of a SW1 Event, Homes Englandthe Agency:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(b) shall be entitled to exercise its rights under clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(c) shall where the provisions of clause 16.2.1 (Adjustments Condition 15.2.1(Adjustments to Final TrancheSecond Tranche Grant) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;
17.1.5 16.1.5 on or following the occurrence of a SW2 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise) in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any First Tranche Grant or Second Tranche Grant as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes EnglandAgency's notification under this clause 17.1.5(cCondition 16.1.5(c) (Withholding of Grant); grant) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c16.1.6(c) (inclusive) (Withholding of Grantgrant);
17.1.6 16.1.6 on or following the occurrence of a SW3 Event, Homes England:the Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of First Tranche Grant or Second Tranche Grant or otherwise) in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate.
16.2 The Agency shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Condition 16 (Withholding of Grant).
16.3 The Agency shall not be obliged to make any payment of First Tranche Grant, Second Tranche Grant or otherwise to the Grant Recipient where the due date for such payment falls after 31 March 2018 unless the Agency has in its absolute discretion permitted an extension to that date pursuant to Condition 7.3 (Time extensions).
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 22.1 Notwithstanding any other term of this Agreement:
17.1.1 22.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend any payment due to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant)) make such payment of any Applicable Tranche or Revenue Funding Quarterly Payment as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 22.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 22.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClause 22.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c22.1.2(c) (Withholding of GrantXxxxx) (inclusive);
17.1.2 22.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 22.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 22.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Revenue Funding Scheme;
(b) shall not be obliged to make any payment to the Grant Recipient in relation to the relevant Capital Firm Scheme pending the outcome of the procedure described in clause 16 Clause 21 (Adjustments to Final TrancheRemaining Tranches);
(bc) shall be entitled to exercise its rights under clause 16 Clause 21 (Adjustments to Final TrancheRemaining Tranches); and
(cd) shall where the provisions of clause 16.2.1 Clause 21.2.1 (Adjustments to Final TrancheRemaining Tranches) have effect, be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 22.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend any payment due to the payment Grant Recipient (whether by way of any Tranche due to the Lead Partner or any Revenue Funding Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Funding Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant) and Clause 22.4 (Withholding of Grant)) make such payment of any Tranche or Revenue Funding Quarterly Payment or otherwise as may then be due to the Lead Partner Grant Recipient (assuming no other General general Withholding Event or Scheme Withholding Event (in relation to that Capital Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause 22.1.5(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 22.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6Clauses 22.1.6
(a) to 17.1.6(c22.1.6(c) (inclusive) (Withholding of GrantXxxxx);
17.1.6 22.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Grant whether by way of any Tranche due to the Lead Partner or any Revenue Funding Quarterly Payment (or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Funding Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Capital Firm Scheme or Revenue Grant available to the Grant Recipient in relation to the Revenue Funding Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant or Revenue Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
22.2 Homes England shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Clause 22 (Withholding of Grant).
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 23.1 Notwithstanding any other term of this Agreement:
17.1.1 23.1.1 on or following the occurrence of a GW1 Event, Homes England:England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerPartner (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Clause 23.3 (Withholding of Grant)grant) make such payment of any Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant or Revenue Quarterly Payment as may then be due to the Lead Partner (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 23.1.1(c) (Withholding of Grantxxxxx); andand
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 23.1.1(b) (Withholding of Grantgrant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClauses 23.1.2(a) (Withholding of Grantgrant) to 17.1.2(cClauses 23.1.2(c) (Withholding of Grantgrant) (inclusive);
17.1.2 23.1.2 on or following the occurrence of a GW2 Event, Homes England:England:
(a) shall not be obliged to make any payment to the Lead Partner (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of any Tranche Allocated Capital Grant or Allocated Revenue Grant due to the Lead PartnerPartner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate;
23.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 23.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Revenue Firm Scheme;
(b) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Capital Firm Scheme pending the outcome of the procedure described in clause 16 Clause 21 (Adjustments to Final TranchePayment of Revenue Grant);
(bc) shall be entitled to exercise its rights under clause 16 Clause 21 (Adjustments to Final TranchePayment of Revenue Grant); and
(cd) shall where the provisions of clause 16.2.1 Clause 22.2.1 (Adjustments to Final TranchePractical Completion Tranche Grant) have effect, be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 23.1.5 on or following the occurrence of a SW2 Event, Homes England:England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Clause 23.3 (Withholding of Grant)grant) and Clause 23.4 (Withholding of grant) make such payment of any Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant or Revenue Quarterly Payment as may then be due to the Lead Partner (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Capital Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause (c) (Withholding of Grantgrant); andand
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 23.1.5(b) (Withholding of Grantgrant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate.Clauses 23.1.6
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 Notwithstanding any other term of this Agreement:
17.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.2(a) (Withholding of Grant) to 17.1.2(c) (Withholding of Grant) (inclusive);.
17.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause Clause 16 (Adjustments to Final Tranche);; and
(b) shall be entitled to exercise its rights under clause Clause 16 (Adjustments to Final Tranche); and;
(c) shall where the provisions of clause Clause 16.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.5(c) (Withholding of Grant); ) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
17.2 Homes England shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Clause 17 (Withholding of Grant).
17.3 Homes England shall not be obliged to make any payment of any Tranche to the Grant Recipient where the due date for such payment falls after 31 March 2026 unless Homes England has in its absolute discretion permitted an extension to that date pursuant to Clause 8.4 (Time extensions).
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 Notwithstanding any other term of this Agreement:
17.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c) (Withholding of GrantXxxxx) (inclusive);
17.1.2 on or following the occurrence of a GW2 Event, Homes England:.
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 . on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 . on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause Clause 16 (Adjustments to Final Tranche);; and
(b) shall be entitled to exercise its rights under clause Clause 16 (Adjustments to Final Tranche); and;
(c) shall where the provisions of clause Clause 16.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 . on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.5(c) (Withholding of Grant); Xxxxx) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of GrantXxxxx);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.. Homes England shall not be obliged to make any payment of any Tranche to the Grant Recipient where the due date for such payment falls after 31 March 2026 unless Homes England has in its absolute discretion permitted an extension to that date pursuant to Clause
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 22.1 Notwithstanding any other term of this Agreement:
17.1.1 22.1.1 on or following the occurrence of a GW1 Event, Homes England:England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant)) make such payment of any Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant or Revenue Quarterly Payment as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 22.1.1(c) (Withholding of GrantXxxxx); andand
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 22.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClauses 22.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c22.1.2(c) (Withholding of GrantXxxxx) (inclusive);
17.1.2 22.1.2 on or following the occurrence of a GW2 Event, Homes England:England:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead Partner;Grant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;appropriate;
17.1.3 22.1.3 on or following the occurrence of a GW3 Event, Homes England:England:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 22.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Revenue Firm Scheme;
(b) shall not be obliged to make any payment to the Grant Recipient in relation to the relevant Capital Firm Scheme pending the outcome of the procedure described in clause 16 Clause 21 (Adjustments to Final TranchePractical Completion Tranche Grant);
(bc) shall be entitled to exercise its rights under clause 16 Clause 21 (Adjustments to Final TranchePractical Completion Tranche Grant); and
(cd) shall where the provisions of clause 16.2.1 Clause 21.2.1 (Adjustments to Final TranchePractical Completion Tranche Grant) have effect, be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 22.1.5 on or following the occurrence of a SW2 Event, Homes England:England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant)) and Clause 22.4 (Withholding of Grant) make such payment of any Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant or Revenue Quarterly Payment as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Capital Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause 22.1.5(c) (Withholding of GrantXxxxx); andand
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 22.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(aClauses 22.1.6(a) to 17.1.6(c22.1.6(c) (inclusive) (Withholding of GrantXxxxx);
17.1.6 22.1.6 on or following the occurrence of a SW3 Event, Homes England:England:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme;Scheme or Revenue Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Capital Firm Scheme or Revenue Firm Scheme Grant available to the Grant Recipient in relation to the Revenue Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant or Revenue Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.appropriate.
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 15.1 Notwithstanding any other term of this Agreement:
17.1.1 15.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 15.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 15.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 15.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClauses 15.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c15.1.2(c) (Withholding of GrantXxxxx) (inclusive);.
17.1.2 15.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.3 15.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.4 15.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 Clause 14 (Adjustments to Final Tranche);; and
(b) shall be entitled to exercise its rights under clause 16 Clause 14 (Adjustments to Final Tranche); and;
(c) shall where the provisions of clause 16.2.1 Clause 14.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.5 15.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(c) (Withholding of Grant); andto
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 15.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6Clauses 15.1.6
(a) to 17.1.6(c15.1.6(c) (inclusive) (Withholding of GrantXxxxx);
17.1.6 15.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
15.2 Homes England shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Clause 15 (Withholding of Grant).
15.3 Homes England shall not be obliged to make any payment of any Tranche to the Grant Recipient where the due date for such payment falls after 31 March 2026 unless Homes England has in its absolute discretion permitted an extension to that date pursuant to Clause 6.3 (Time extensions).
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 Notwithstanding any other term of this Agreement:
17.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner;
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(a) (Withholding of Grant) to 17.1.2(c) (Withholding of Grant) (inclusive);
17.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 (Adjustments to Final Tranche);
(b) shall be entitled to exercise its rights under clause 16 (Adjustments to Final Tranche); and
(c) shall where the provisions of clause 16.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(c) (Withholding of Grant); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate.
17.2 Homes England shall incur no liability of any description to any Consortium Member in or as a result of exercising its rights under this clause 17 (Withholding of Grant).
17.3 Homes England shall not be obliged to make any payment of any Tranche to the Lead Partner where the due date for such payment falls after 31 March 2026 unless Homes England has in its absolute discretion permitted an extension to that date pursuant to clause 8.3 (Time extensions).
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 Notwithstanding any other term of this Agreement:
17.1.1 : on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.2(a) (Withholding of Grant) to 17.1.2(c) (Withholding of Grant) (inclusive);
17.1.2 . on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 . on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 . on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause Clause 16 (Adjustments to Final Tranche);; and
(b) shall be entitled to exercise its rights under clause Clause 16 (Adjustments to Final Tranche); and;
(c) shall where the provisions of clause Clause 16.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 . on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.5(c) (Withholding of Grant); ) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 ; on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate. Homes England shall incur no liability of any description to the Grant Recipient in or as a result of exercising its rights under this Clause 17 (Withholding of Grant). Homes England shall not be obliged to make any payment of any Tranche to the Grant Recipient where the due date for such payment falls after 31 March 2026 unless Homes England has in its absolute discretion permitted an extension to that date pursuant to Clause 8.4 (Time extensions).
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 23.1 Notwithstanding any other term of this Agreement:
17.1.1 23.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerPartner (whether by way of any Tranche or any Revenue Funding Quarterly Payment or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Clause 23.3 (Withholding of Grant)) make such payment of any Applicable Tranche or Revenue Funding Quarterly Payment as may then be due to the Lead Partner (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 23.1.1(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 23.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClause 23.1.2(a) (Withholding of GrantXxxxx) to 17.1.2(c23.1.2(c) (Withholding of GrantXxxxx) (inclusive);
17.1.2 23.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Lead Partner (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 23.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make any payment to the payment Lead Partner (whether by way of any Tranche due to the Lead Partneror any Revenue Funding Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 23.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Revenue Funding Scheme;
(b) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Capital Firm Scheme pending the outcome of the procedure described in clause 16 Clause 22 (Adjustments to Final TrancheRemaining Tranches);
(bc) shall be entitled to exercise its rights under clause 16 Clause 22 (Adjustments to Final TrancheRemaining Tranches); and
(cd) shall where the provisions of clause 16.2.1 Clause 22.2.1 (Adjustments to Final TrancheRemaining Tranches) have effect, be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 23.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner (whether by way of any Tranche or any Revenue Funding Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Funding Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Clause 23.3 (Withholding of Grant) and Clause 23.4 (Withholding of Grant)) make such payment of any Tranche or Revenue Funding Quarterly Payment or otherwise as may then be due to the Lead Partner (assuming no other General general Withholding Event or Scheme Withholding Event (in relation to that Capital Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause 23.1.5(c) (Withholding of GrantXxxxx); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 23.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate.Clauses 23.1.6
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 Notwithstanding any other term of this Agreement:
17.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.2(a) (Withholding of Grant) to 17.1.2(c) (Withholding of Grant) (inclusive);.
17.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause Clause 16 (Adjustments to Final Tranche);; and
(b) shall be entitled to exercise its rights under clause Clause 16 (Adjustments to Final Tranche); and;
(c) shall where the provisions of clause Clause 16.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.5(c) (Withholding of Grant); ) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 22.1 Notwithstanding any other term of this Agreement:
17.1.1 22.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant)) make such payment of any Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant or Revenue Quarterly Payment as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 22.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 22.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClauses 22.1.2(a) (Withholding of Grant) to 17.1.2(c22.1.2(c) (Withholding of Grant) (inclusive);
17.1.2 22.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.3 22.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 22.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Revenue Firm Scheme;
(b) shall not be obliged to make any payment to the Grant Recipient in relation to the relevant Capital Firm Scheme pending the outcome of the procedure described in clause 16 Clause 21 (Adjustments to Final TranchePractical Completion Tranche Grant);
(bc) shall be entitled to exercise its rights under clause 16 Clause 21 (Adjustments to Final TranchePractical Completion Tranche Grant); and
(cd) shall where the provisions of clause 16.2.1 Clause 21.2.1 (Adjustments to Final TranchePractical Completion Tranche Grant) have effect, be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 22.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant)) and Clause 22.4 (Withholding of Grant) make such payment of any Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant or Revenue Quarterly Payment as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Capital Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause 22.1.5(c) (Withholding of Grant); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 22.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6remedy
(a) to 17.1.6(c22.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 22.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Capital Firm Scheme or Revenue Firm Scheme Grant available to the Grant Recipient in relation to the Revenue Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant or Revenue Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 22.1 Notwithstanding any other term of this Agreement:
17.1.1 22.1.1 on or following the occurrence of a GW1 Event, Homes England:England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant)) make such payment of any Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant or Revenue Quarterly Payment as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.1(cClause 22.1.1(c) (Withholding of Grant); andand
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bClause 22.1.1 (b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aClauses 22.1.2(a) (Withholding of Grant) to 17.1.2(c22.1.2(c) (Withholding of Grant) (inclusive);
17.1.2 22.1.2 on or following the occurrence of a GW2 Event, Homes England:England:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead Partner;Grant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;appropriate;
17.1.3 22.1.3 on or following the occurrence of a GW3 Event, Homes England:England:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerGrant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise);
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant or Allocated Revenue Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant or Allocated Revenue Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.4 22.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Revenue Firm Scheme;
(b) shall not be obliged to make any payment to the Grant Recipient in relation to the relevant Capital Firm Scheme pending the outcome of the procedure described in clause 16 Clause 21 (Adjustments to Final TranchePractical Completion Tranche Grant);
(bc) shall be entitled to exercise its rights under clause 16 Clause 21 (Adjustments to Final TranchePractical Completion Tranche Grant); and
(cd) shall where the provisions of clause 16.2.1 Clause 21.2.1 (Adjustments to Final TranchePractical Completion Tranche Grant) have effect, be entitled to reallocate or redirect such part of the Capital Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;
17.1.5 22.1.5 on or following the occurrence of a SW2 Event, Homes England:England:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner Grant Recipient (whether by way of Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant, Revenue Quarterly Payment or otherwise) in relation to the relevant Capital Firm Scheme or Revenue Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause 17.3 Clause 22.3 (Withholding of Grant)) and Clause 22.4 (Withholding of Grant) make such payment of any Acquisition Tranche Grant, Start on Site Tranche Grant, Practical Completion Tranche Grant or Revenue Quarterly Payment as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Capital Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(cClause 22.1.5(c) (Withholding of Grant); andand
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(bClause 22.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate.Clauses 22.1.6
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 Notwithstanding any other term of this Agreement:
17.1.1 on or following the occurrence of a GW1 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.2(a) (Withholding of Grant) to 17.1.2(c) (Withholding of Grant) (inclusive);.
17.1.2 on or following the occurrence of a GW2 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.3 on or following the occurrence of a GW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead PartnerGrant Recipient;
(ba) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner Grant Recipient under this Agreement; and
(cb) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner Grant Recipient to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.4 on or following the occurrence of a SW1 Event, Homes England:
(a) shall not be obliged to make any payment to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause Clause 16 (Adjustments to Final Tranche);; and
(b) shall be entitled to exercise its rights under clause Clause 16 (Adjustments to Final Tranche); and;
(c) shall where the provisions of clause Clause 16.2.1 (Adjustments to Final Tranche) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate;.
17.1.5 on or following the occurrence of a SW2 Event, Homes England:
(a) shall be entitled to suspend the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner Grant Recipient of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner Grant Recipient to that effect and shall (subject to clause Clause 17.3 (Withholding of Grant)) make such payment of any Tranche as may then be due to the Lead Partner Grant Recipient (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to be made within ten (10) Business Days of the date of Homes England's notification under this clause Clause 17.1.5(c) (Withholding of Grant); ) and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause Clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses Clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner Grant Recipient not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner Grant Recipient in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead PartnerGrant Recipient) to such other person or for such purpose as Homes England in its discretion considers appropriate.
Appears in 1 contract
Samples: Grant Agreement
Withholding of grant.
17.1 16.1 Notwithstanding any other term of this Agreement:
17.1.1 16.1.1 on or following the occurrence of a GW1 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead PartnerPartner (whether by way of Acquisition Xxxxxxx Xxxxx, First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the GW1 Event (the GW1 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the GW1 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any Acquisition Xxxxxxx Xxxxx, First Tranche Grant or Second Tranche Grant as may then be due to the Lead Partner (assuming no other General Withholding Event subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes Englandthe Agency's notification under this clause 17.1.1(cCondition 16.1.1(c) (Withholding of Grant); and
(d) shall be entitled, if the GW1 Failure has not been remedied within the period prescribed pursuant to clause 17.1.1(bCondition 16.1.1(b) (Withholding of Grant) or it is or becomes apparent that the GW1 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.2(aConditions 16.1.2(a) (Withholding of Grant) to 17.1.2(c16.1.2(c) (Withholding of Grant) (inclusive);.
17.1.2 16.1.2 on or following the occurrence of a GW2 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerPartner (whether by way of Acquisition Xxxxxxx Xxxxx, First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.3 16.1.3 on or following the occurrence of a GW3 Event, Homes Englandthe Agency:
(a) shall not be obliged to make the any payment of any Tranche due to the Lead PartnerPartner (whether by way of Acquisition Xxxxxxx Xxxxx, First Tranche Grant or Second Tranche Grant or otherwise);
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any further payment of Allocated Capital Grant due to the Lead Partner under this Agreement; and
(c) shall be entitled to reallocate or redirect such part of the Allocated Capital Grant as has not yet been paid to the Lead Partner to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.4 16.1.4 on or following the occurrence of a SW1 Event, Homes Englandthe Agency:
(a) shall not be obliged to make any payment to the Lead Partner in relation to the relevant Firm Scheme pending the outcome of the procedure described in clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(b) shall be entitled to exercise its rights under clause 16 Condition 15 (Adjustments to Final TrancheSecond Tranche Grant); and;
(c) shall where the provisions of clause 16.2.1 Condition 15.2.1 (Adjustments to Final TrancheSecond Tranche Grant) have effect, be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England the Agency in its discretion considers appropriate;.
17.1.5 16.1.5 on or following the occurrence of a SW2 Event, Homes Englandthe Agency:
(a) shall be entitled to suspend the any payment of any Tranche due to the Lead Partner (whether by way of Acquisition Tranche Grant, First Tranche Grant or Second Tranche Grant or otherwise) in relation to the relevant Firm Scheme;
(b) shall, as soon as reasonably practicable, notify the Lead Partner of such suspension and the period within which it (acting reasonably) requires the failure or breach giving rise to the SW2 Event (the SW2 Failure) to be remedied;
(c) shall, if it is satisfied (acting reasonably) that the SW2 Failure has been remedied, notify the Lead Partner to that effect and shall (subject to clause 17.3 Condition 16.3 (Withholding of Grant)) make such payment of any Acquisition Xxxxxxx Xxxxx, First Tranche Grant or Second Xxxxxxx Xxxxx as may then be due to the Lead Partner (assuming no other General Withholding Event or Scheme Withholding Event (in relation to that Firm Scheme) subsists). Such payment to shall be made within ten (10) Business Days of the date of Homes England's notification under this clause 17.1.5(c) (Withholding of Grant); and
(d) shall be entitled, if the SW2 Failure has not been remedied within the period prescribed pursuant to clause 17.1.5(b) (Withholding of Grant) or it is or becomes apparent that the SW2 Failure is incapable of remedy either within such period or at all, to exercise the same rights as are set out in clauses 17.1.6
(a) to 17.1.6(c) (inclusive) (Withholding of Grant);
17.1.6 on or following the occurrence of a SW3 Event, Homes England:
(a) shall not be obliged to make the payment of any Tranche due to the Lead Partner in relation to the relevant Firm Scheme;
(b) shall (on giving the Lead Partner not less than ten (10) Business Days written notice) be entitled to cancel any Tranche available to the Lead Partner in relation to the relevant Firm Scheme; and
(c) shall be entitled to reallocate or redirect such part of the Firm Scheme Grant (which has not yet been paid to the Lead Partner) to such other person or for such purpose as Homes England in its discretion considers appropriate.ten
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Samples: Grant Agreement