WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. 11.1 The Catapult's intention is that the Grant will be paid to the Recipient in full. However, without prejudice to the Catapult's other rights and remedies, the Catapult may at its discretion withhold or suspend payment of the Grant and/or require repayment of all or part of the Grant if:
(a) the Recipient uses the Grant for purposes other than those for which it has been awarded;
(b) the delivery of the Project does not start within 1 month of the Start Date and the Recipient has failed to provide the Catapult with a reasonable explanation for the delay;
(c) the Catapult considers that the Recipient has not made satisfactory progress with the delivery of the Project;
(d) the Recipient is, in the reasonable opinion of the Catapult, delivering the Project in a negligent manner;
(e) the Recipient obtains duplicate funding from a third party for the Project;
(f) the Recipient obtains funding from a third party which, in the reasonable opinion of the Catapult, undertakes activities that are likely to bring the reputation of the Project, the Catapult or the Funder into disrepute;
(g) the Recipient provides the Catapult with any materially misleading or inaccurate information;
(h) the Recipient commits or committed a Prohibited Act;
(i) any member of the governing body, employee or volunteer of the Recipient has (a) acted dishonestly or negligently at any time and directly or indirectly to the detriment of the Project or (b) taken any actions which, in the reasonable opinion of the Catapult, bring or are likely to bring the Catapult's or the Funder’s name or reputation into disrepute;
(j) the Recipient ceases to operate for any reason, or it passes a resolution (or any court of competent jurisdiction makes an order) that it be wound up or dissolved (other than for the purpose of a bona fide and solvent reconstruction or amalgamation);
(k) the Recipient becomes insolvent, or it is declared bankrupt, or it is placed into receivership, administration or liquidation, or a petition has been presented for its winding up, or it enters into any arrangement or composition for the benefit of its creditors, or it is unable to pay its debts as they fall due; or
(l) the Recipient fails to comply with any of the terms and conditions set out in this Agreement and fails to rectify any such failure within 30 days of receiving written notice detailing the failure.
11.2 The Catapult may retain or set off any sums owed to it by the Recipient which have fallen due and payable agai...
WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. 11.1 The Funder's intention is that the Grant will be paid to the Recipient in full. However, without prejudice to the Funder's other rights and remedies, the Funder may at its discretion withhold or suspend payment of the Grant and/or require repayment of all or part of the Grant if:
(a) the Recipient uses the Grant for purposes other than those for which they have been awarded;
(b) the delivery of the Project does not start within 1 month of the Commencement Date and the Recipient has failed to provide the Funder with a reasonable explanation for the delay;
(c) the Funder considers that the Recipient has not made satisfactory progress with the delivery of the Project;
(d) the Recipient is, in the reasonable opinion of the Funder, delivering the Project in a negligent manner;
(e) the Recipient obtains duplicate funding from a third party for the Project;
(f) the Recipient obtains funding from a third party which, in the reasonable opinion of the Funder, undertakes activities that are likely to bring the reputation of the Project or the Funder into disrepute;
(g) the Recipient provides the Funder with any materially misleading or inaccurate information;
(h) the Recipient commits or committed a Prohibited Act;
(i) any member of the governing body, employee or volunteer of the Recipient has (a) acted dishonestly or negligently at any time and directly or indirectly to the detriment of the Project or
WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT.
12.1 The Funder's intention is that the Grant will be paid to the Recipient in full. However, without prejudice to the Funder's other rights and remedies, the Funder may at its discretion withhold or suspend payment of the Grant and/or require repayment of all or part of the Grant if:
WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. 17.1 POL's intention is that the Grant will be paid to the NFSP in full. However, without prejudice to POL’s other rights and remedies, POL may at its discretion withhold or suspend payment of the Annual Grant Payment and/or an Individual Grant and/or require repayment of all or part of the Annual Grant Payment and/or an Individual Grant if there is an Event of Clawback.
WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. 9.1 The Funder's intention is that the Grant will be paid to the Recipient in full. However, without prejudice to the Funder's other rights and remedies, the Funder may at its discretion withhold or suspend payment of the Grant and/or require repayment of all or part of the Grant if:
(a) the Recipient uses the Grant for purposes other than those for which they have been awarded;
(b) the Recipient provides the Funder with any materially misleading or inaccurate information;
(c) the Recipient commits or committed a Prohibited Act;
(d) a decision by the European Commission, the Court of Justice of the European Union or an UK Court or UK Tribunal requires any Grant paid to be recovered by reason of the State Aid Regulations or as a result of any obligation arising under European Union law or where the Funder is required to repay the Grant
(e) the Recipient fails to carry out the Project;
(f) the Recipient fails to comply with any of the terms and conditions set out in this Agreement and fails to rectify any such failure within 30 days of receiving written notice detailing the failure.
9.2 The Funder may retain or set off any sums owed to it by the Recipient which have fallen due and payable against any sums due to the Recipient under this agreement or any other agreement pursuant to which the Recipient provides goods or services to the Funder.
WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. 12.1 The Funder’s intention is that the Grant will be paid to the Recipient in full. However, without prejudice to the Funder’s other rights and remedies, the Funder may at its discretion withhold or suspend payment of the Grant [and/or require repayment of all or part of the Grant] if:
(a) the Recipient uses the Grant for purposes other than those for which it has been awarded;
(b) the Recipient commits or committed a Prohibited Act;
(c) the Recipient ceases to operate for any reason, or it passes a resolution (or any court of competent jurisdiction makes an order) that it be wound up or dissolved (other than for the purpose of a bona fide and solvent reconstruction or amalgamation);
(d) the Recipient becomes insolvent, or it is declared bankrupt, or it is placed into receivership, administration or liquidation, or a petition has been presented for its winding up, or it enters into any arrangement or composition for the benefit of its creditors, or it is unable to
WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. 19.1 The Authority’s intention is that the Grant will be paid to the Recipient in full in accordance with Schedule 2. However, without prejudice to the Authority’s other rights and remedies, the Authority may at its discretion withhold or suspend payment of the Grant, require repayment of all or part of the Grant and/or terminate this Agreement if:
19.1.1 the Recipient uses the Grant other than for the purpose of the Project;
19.1.2 there is a substantial change to the Project which the Authority have not approved, or any attempt is made to transfer or assign any rights, interests or obligations created under this Agreement or substitute any person in respect of any such rights, interests or obligations, otherwise than in accordance with this Agreement;
19.1.3 the Authority considers that the Recipient has not made satisfactory progress with the delivery of the Project or the Recipient has failed to achieve the Outputs;
19.1.4 the Recipient fails to provide the Monitoring Information specified in Schedule 3;
19.1.5 the Recipient is, in the reasonable opinion of the Authority, delivering the Project in a negligent manner;
19.1.6 the Recipient provides the Authority with any materially misleading, inaccurate or incomplete information;
19.1.7 The funder requests that the Grant be withheld or repaid;
19.1.8 the Recipient fails to comply with State Aid Law or Clause 5; or
19.1.9 the Recipient commits a Serious Breach of this Agreement; or
19.1.10 the Recipient falls within a category listed in Clause 20.
WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. 11.1 MSIP's intention is that the Grant will be made available to the Recipient in full. However, without prejudice to MSIP's other rights and remedies, MSIP may at its discretion withhold or suspend payment of the Cash Grant, require repayment of all or part of the Cash Grant and/or terminate with immediate effect the Recipient’s access to the In-Kind Grant and any MSIP facilities if:
(a) the Recipient uses the Grant for purposes other than those for which they have been awarded;
(b) the delivery of the Project does not start within 3 months of the Grant Date and the Recipient has failed to provide MSIP with a reasonable explanation for the delay;
(c) the Recipient is, in the reasonable opinion of MSIP, delivering the Project in a negligent manner;
(d) the Recipient provides MSIP with any materially misleading or inaccurate information;
(e) the Recipient has (i) acted dishonestly or negligently at any time and directly or indirectly to the detriment of the Project or
WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. 11.1 Wherever under the Agreement any sum of money is recoverable from or payable by the Recipient (including any sum that the Recipient is liable to pay to the Council in respect of any breach of the Agreement), the Council may unilaterally deduct that sum from any sum then due, or which at any later time may become due to the Recipient under the Agreement or under any other agreement or contract with the Council.
11.2 The Recipient shall make any payments due to the Council without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
11.3 Should the Recipient be subject to financial or other difficulties which are capable of having a material impact on its effective delivery of the Service or compliance with this Agreement it will notify the Council as soon as possible so that, if possible, and without creating any legal obligation, the Council will have an opportunity to provide assistance in resolving the problem or to take action to protect the Council.
WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. 12.1 The Funder's intention is that the Grant will be paid to the Recipient. However, notwithstanding any other terms of this Agreement and without prejudice to the Funder's other rights and remedies, (a) the Funder shall not be obliged to make any payment or any further payment of the Grant to the Recipient and (b) may at its discretion and after careful consideration withhold or suspend payment of the Grant and/or require repayment of all or part of the Grant or such other sum as provided and determined in accordance with clause 12.2 below where:
(a) the Recipient uses the Grant for purposes other than those for which they have been awarded;
(b) the Works are not Materially Commenced within eighteen (18) months of the Recipient obtaining planning permission and the Recipient has failed to provide the Funder with a reasonable explanation for the delay;
(c) the Funder considers that the Recipient has not made satisfactory progress with the Works;
(d) Practical Completion has not been achieved by the date which is eighteen
