Common use of Conditions Precedent to Payment Clause in Contracts

Conditions Precedent to Payment. (a) Notwithstanding any other clause of this Funding Agreement, the Participant is not entitled to receive, and the Commonwealth is no obliged to pay to the Participant, an amount under this clause 3 if: (i) the Commonwealth has insufficient Program Funding available at the time a payment is due to the Participant; (ii) the Participant has not submitted all Reports due for submission at the time a payment is otherwise due to the Participant; (iii) the Participant has not complied with any other of its obligations under this Funding Agreement; (iv) the Commonwealth has become entitled to terminate this Funding Agreement under clause 13.3. (b) The Commonwealth may withhold any payment: (i) where it has reasonable grounds to suspect that the Participant may not be entitled to payment, for such time as the Commonwealth reasonably requires to make such further inquiries as are needed to determine the Participant’s entitlement to payment; (ii) where the Commonwealth has decided to undertake an Ad Hoc Review under clause 8.3(a), until such time as the Ad Hoc Review is completed; and (iii) where an event referred to in clause 6.1(b) occurs, until the Commonwealth and the Participant have agreed to vary this Funding Agreement or the Funding Agreement is terminated under clause 6.1(d)(iii).