Common use of WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT Clause in Contracts

WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. The Council's intention is that the Grant will be paid to the Recipient in full. However, without prejudice to the Council's other rights and remedies, the Council may at its discretion withhold or suspend payment of the Grant and/or require prompt repayment of all or part of the Grant if: the Recipient uses the Grant for purposes other than those for which they have been awarded; the delivery of the Purpose does not start within 3 months of the Commencement Date and the Recipient has failed to provide the Council with a reasonable explanation for the delay; the Council considers that the Recipient has not made satisfactory progress with the delivery of the Purpose; the Recipient is, in the reasonable opinion of the Council, delivering the Purpose in a negligent manner; the Recipient obtains duplicate funding from a third party for the Purpose; the Recipient obtains funding from a third party which, in the reasonable opinion of the Council, undertakes activities that are likely to bring the reputation of the Purpose or the Council into disrepute; the Recipient provides the Council with any materially misleading or inaccurate information; the Recipient commits or committed a Prohibited Act; 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 Purpose or (b) taken any actions which, in the reasonable opinion of the Council, bring or are likely to bring the Council's name or reputation into disrepute; 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); 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 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. The Council 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 Council. The Recipient shall make any payments due to the Council without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise. Should the Recipient be subject to financial or other difficulties which are capable of having a material impact on its effective delivery of the Purpose 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 and the Grant monies.

WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. 14.1 The CouncilFunder's intention is that the Grant will be paid to the Recipient in full. However, without prejudice to the CouncilFunder's other rights and remedies, the Council Funder may at its discretion vary, withhold or suspend suspend, in whole or part, payment of the Grant and/or require prompt 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 Purpose Project does not start within 3 6 months of the Commencement Date and the Recipient has failed to provide the Council Funder with a reasonable explanation for the delay; the Council considers that the Recipient has not made satisfactory progress with the delivery ; (c) any of the Purpose; Project Aims are not achieved within the Grant Period; (d) any of the Project Milestones are not achieved as detailed in Schedule 2. (e) the Recipient is, in the reasonable opinion of the CouncilFunder, delivering the Purpose Project in a negligent manner; (f) in the reasonable opinion of the Funder:- (i) the Project Aims are not likely to be achieved; or (ii) the Recipient does not, or will not have sufficient resources to deliver the Project. (g) the Recipient applies any part of the Grant towards Ineligible Expenditure; (h) the Recipient fails to declare Match Funding or accepts Match Funding which the Funder has rejected; (i) the Recipient obtains duplicate funding from a third party for the Purpose; Project; (j) the Recipient obtains funding from a third party which, in the reasonable opinion of the CouncilFunder, undertakes activities that are likely to bring the reputation of the Purpose Project or the Council Funder into disrepute; ; (k) the Recipient provides the Council Funder with any materially misleading or inaccurate information; ; (l) the Recipient commits or committed a Prohibited Act; ; (m) any member of the governing bodyGoverning Body, employee employee, student or volunteer of the Recipient has who is connected to the Project has: (ai) acted dishonestly or negligently at any time and directly or indirectly to the detriment of the Purpose or Project; or (bii) taken any actions which, in the reasonable opinion of the CouncilFunder, bring or are likely to bring the CouncilFunder's name or reputation into disrepute; ; (n) 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); ; (o) 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; (p) a decision by a UK Court or UK Tribunal requires any Grant paid to be recovered because it was awarded other than in accordance with the Subsidy Control Regulations or as a result of any obligation arising under English law or where the Funder is required to repay the Grant; or or (q) 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 60 days of receiving written notice detailing the failure. The Council may retain . 14.2 Wherever under this Agreement any sum of money is recoverable from or set off any sums owed to it payable by the Recipient (including any sum that the Recipient is liable to pay to the Funder in respect of any breach of this Agreement), the Funder may deduct that sum from any sum then due, or which have fallen due and payable against at any sums later time may become due to the Recipient under this agreement Agreement or under any other agreement pursuant to which or contract with the Recipient provides goods or services to the Council. Funder. 14.3 The Recipient shall make any payments due to the Council Funder without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise. . 14.4 Should the Recipient be subject to financial or other difficulties which are capable of having a material impact on its effective delivery of the Purpose Project or compliance with this Agreement it will notify the Council Funder as soon as possible so that, if possible, and without creating any legal obligation, the Council Funder will have an opportunity to provide assistance in resolving the problem or to take action to protect the Council Funder and the Grant monies. 14.5 Should the Recipient deliver the Project under budget, with part or the entire Grant being unspent, any unspent amount shall be repayable to the Funder in accordance with Clause 14.6 below. 14.6 Where the repayment provisions of this Clause 14 apply, the Recipient shall transfer the amount required by the Funder to be repaid (up to the total value of the Grant) to the Funder (save in the case of the provisions of Clause 14.1(f) exclusively applying, where the unspent amount of the Grant shall be repayable), or an entity or purpose nominated by the Funder, within 10 Working Days of the Funder giving the Recipient notice.

WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. ‌ 15.1 The CouncilFunder's intention is that the Grant will be paid to the Recipient in full, prior to the commencement of the Project, subject to submission of satisfactory reports in accordance with Clause 9.2. However, without prejudice to the CouncilFunder's other rights and remedies, the Council Funder may at its discretion withhold or suspend payment of the Grant and/or require prompt 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) there is any significant alteration to the specification and/or outputs of the Project other than alterations that the Funder is aware of and has consented to in writing; (c) the delivery of the Purpose does Project is not start within 3 months of completed in accordance with the Commencement Date timetable agreed between the Parties (provided always that the Parties acknowledge that the Recipient shall not be required to enter into any contract relating to the Project until the Grant has been received in full, and the timetable shall be agreed accordingly); (d) the Recipient has failed fails to deliver the agreed Project either in part or in full; (e) the Recipient fails to provide the Council reports in accordance with a reasonable explanation for Clause 9.2; (f) the delay; Funder considers that, taking into account that the Council considers that Recipient shall not be required to enter into any contract relating to the Project until the Grant is received in full, the Recipient has not made satisfactory progress with the delivery of the Purpose; Project; (g) the Recipient is, in the reasonable opinion of the CouncilFunder, delivering the Purpose Project in a negligent manner; ; (h) the Recipient obtains duplicate funding from a third party for the Purpose; Project; (i) repayment is required under Subsidy Control law or the Funder is otherwise required to repay or recover such Grant payments or Subsidy Control in whole or in part by the UK Government. The Provider shall also be liable for the payment of any interest that is required to be repaid under Subsidy Control law; (j) the Recipient obtains funding from a third party which, in the reasonable opinion of the CouncilFunder, undertakes activities that are likely to bring the reputation of the Purpose Project or the Council Funder into disrepute; ; (k) the Recipient provides the Council Funder with any materially misleading or inaccurate information; ; (l) the Recipient commits or has committed a Prohibited Act; ; (m) any member of the governing bodyGoverning Body, employee or volunteer of the Recipient has (ai) acted dishonestly or negligently at any time and directly or indirectly to the detriment of the Purpose Project or (bii) taken any actions which, in the reasonable opinion of the CouncilFunder, bring or are likely to bring the CouncilFunder's name or reputation into disrepute; ; (n) 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); ; (o) 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; (p) this Agreement is terminated in accordance with Clause 22; or or (q) 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. The Council 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 Council. The Recipient shall make any payments due to the Council without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise. Should the Recipient be subject to financial or other difficulties which are capable of having a material impact on its effective delivery of the Purpose 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 and the Grant monies.

WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT. ‌ 11.1 The CouncilCatapult's intention is that the Grant will be paid to the Recipient in full. However, without prejudice to the CouncilCatapult's other rights and remedies, the Council Catapult may at its discretion withhold or suspend payment of the Grant and/or require prompt repayment of all or part of the Grant if: : (a) the Recipient uses the Grant for purposes other than those for which they have it has been awarded; ; (b) the delivery of the Purpose Project does not start within 3 months 1 month of the Commencement Start Date and the Recipient has failed to provide the Council Catapult with a reasonable explanation for the delay; ; (c) the Council Catapult considers that the Recipient has not made satisfactory progress with the delivery of the Purpose; Project; (d) the Recipient is, in the reasonable opinion of the CouncilCatapult, delivering the Purpose Project in a negligent manner; ; (e) the Recipient obtains duplicate funding from a third party for the Purpose; Project; (f) the Recipient obtains funding from a third party which, in the reasonable opinion of the CouncilCatapult, undertakes activities that are likely to bring the reputation of the Purpose Project, the Catapult or the Council Funder into disrepute; ; (g) the Recipient provides the Council 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 Purpose Project or (b) taken any actions which, in the reasonable opinion of the CouncilCatapult, bring or are likely to bring the CouncilCatapult'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 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 Council Catapult 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 Council. Catapult. 11.3 The Recipient shall make any payments due to the Council Catapult without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise. . 11.4 Should the Recipient be subject to financial or other difficulties which are capable of having a material impact on its effective delivery of the Purpose Project or compliance with this Agreement it will notify the Council Catapult as soon as possible so that, if possible, and without creating any legal obligation, the Council Catapult will have an opportunity to provide assistance in resolving the problem or to take action to protect the Council Catapult and the Grant monies. 11.5 For the avoidance of doubt, no event or actions described in this clause 11 shall cause this Agreement to automatically terminated unless the Catapult provides notice of termination in accordance with clause 19 (Termination).