Common use of Your use of Funding Clause in Contracts

Your use of Funding. (a) You must use the Funding only: (i) to deliver the Services specified in the Funding Schedule, unless otherwise approved by Us in writing; (ii) in accordance with the Funding Schedule and the requirements of a Governing Act; and (iii) within any time period stipulated in the Funding Schedule, or elsewhere in the Service Agreement, for expenditure of the Funding. (b) You must not, without Our prior written approval, use the Funding to: (i) provide security for any purpose; (ii) make a loan or gift for any purpose; (iii) pay sitting fees to directors, management committee members, members of Your organisation or any other person; (iv) make payments that are inconsistent with the Services specified in the Funding Schedule; or (v) relieve cash flow problems in the delivery of Your other services, including any Services specified in a Funding Schedule that does not relate to the Funding or the Services, or carry out activities funded from other sources. (c) If You use the Funding for a purpose other than those permitted under the Service Agreement, or as otherwise approved by Us, then, without limiting any other rights We may have, We may notify You that You are required to repay the Funding that has been so spent, used or applied, within the period stated in the notice, which will be not less than 10 Business Days. This amount will be a debt due and owing to Us by You. (d) If You use the Funding to provide cash cheques or cash advances then You must keep a record of the date, amount, recipient and purpose of any cash cheque that You issue or cash advance that You make. (e) You must hold the Funding in an account at an Approved Financial Institution. (f) Where You receive the Funding, wholly or partly, to employ staff and are bound by a registered industrial instrument requiring the payment of termination or redundancy payments in appropriate circumstances, the Funding may only be used for termination or redundancy payments if: (i) the Funding is stopped due to circumstances stated in clause 15.1; or (ii) You have obtained Our prior written approval. (g) The Funding may be used to obtain and maintain permits, registrations and licenses required to be taken out in connection with Your performance of the Services specified in the Funding Schedule.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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Your use of Funding. (a) You must use the Funding only: (i) to deliver the Services specified in the Funding Schedule, unless otherwise approved by Us in writing; (ii) in accordance with the Funding Schedule and the requirements of a Governing Act; and (iii) within any time period stipulated in the Funding Schedule, or elsewhere in the Service Agreement, for expenditure of the Funding. (b) You must not, without Our prior written approval, use the Funding to: (i) provide security for any purpose; (ii) make a loan or gift for any purpose; (iii) pay sitting fees to directors, management committee members, members of Your organisation or any other person;; or (iv) make payments that are inconsistent with the Services specified in the Funding Schedule; or (v) relieve cash flow problems in the delivery of Your other services, including any Services specified in a Funding Schedule that does not relate to the Funding or the Services, or carry out activities funded from other sources. (c) If You use the Funding for a purpose other than those permitted under the Service Agreement, or as otherwise approved by Us, then, without limiting any other rights We may have, We may notify You that You are required to repay the Funding that has been so spent, used or applied, within the period stated in the notice, which will be not less than 10 Business Days. This amount will be a debt due and owing to Us by You. (d) If You use the Funding to provide cash cheques or cash advances then You must keep a record of the date, amount, recipient and purpose of any cash cheque that You issue or cash advance that You make. (e) You must hold the Funding in an account at an Approved Financial Institution. (f) Where You receive the Funding, wholly or partly, to employ staff and are bound by a registered industrial instrument requiring the payment of termination or redundancy payments in appropriate circumstances, the Funding may only be used for termination or redundancy payments if: (i) the Funding is stopped due to circumstances stated in clause 15.1; or (ii) You have obtained Our prior written approval. (g) The Funding may be used to obtain and maintain permits, registrations and licenses required to be taken out in connection with Your performance of the Services specified in the Funding Schedule.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

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Your use of Funding. (a) You must use the Funding only: (i) to deliver the Services specified in the Funding Schedule, unless otherwise approved by Us in writing; (ii) in accordance with the Funding Schedule and the requirements of a Governing Act; and; (iii) within any time period stipulated in the Funding Schedule, or elsewhere in the Service Agreement, for expenditure of the Funding; and (iv) for a Funded Purpose and an Accepted Use. (b) You must not, without Our prior written approval, use the Funding to: (i) provide security for any purpose; (ii) make a loan or gift for any purpose; (iii) pay sitting fees to directors, management committee members, members of Your organisation or any other person; (iv) make payments that are inconsistent with the Services specified in the Funding Schedule; or (v) relieve cash flow problems in make payments for the delivery benefit of another person including You or Your other servicesRelated Bodies Corporate, including any Services specified in a Funding Schedule that does not relate to unless expressly authorised by the Funding or the Services, or carry out activities funded from other sourcesSchedule. (c) If You use the Funding for a purpose or use other than those permitted under the Service Agreement, or as otherwise approved by Us, then, without limiting any other rights We may have, We may notify You that You are required to repay the Funding that has been so spent, used or applied, within the period stated in the notice, which will be not less than 10 Business Days. This amount will be a debt due and owing to Us by You. (d) If You use the Funding to provide cash cheques or cash advances then You must keep a record of the date, amount, recipient and purpose of any cash cheque that You issue or cash advance that You make. (e) You must hold ensure the Funding is held in an account (being an interest- bearing account) in Your name and which You solely control, with a deposit-taking institution authorised under the Banking Act 1959 (Cth) to carry on banking business in Australia, and identify the receipt and expenditure of the Funding separately within Your accounts and records so that the Funding is identifiable at an Approved Financial Institutionall times. (f) Where You receive the Funding, wholly or partly, to employ staff and are bound by a registered industrial instrument requiring the payment of termination or redundancy payments in appropriate circumstances, the Funding may only be used for termination or redundancy payments if: (i) the Funding is stopped due to circumstances stated in clause 15.1; or (ii) You have obtained Our prior written approval. (g) The Funding may be used to obtain and maintain permits, registrations and licenses required to be taken out in connection with Your performance of the Services specified in the Funding ScheduleSchedule if this is consistent with the Funded Purpose and the Accepted Use of the Funding.

Appears in 1 contract

Samples: Service Agreement

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