Grant Claim Procedures. 9.1 Subject to a Firm Scheme having reached the Start on Site Date, the Grant Recipient may apply to the Agency for the Interim Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time. 9.2 In submitting an application pursuant to Condition 9.1 the Grant Recipient is deemed to : 9.2.1 repeat the representations and warranties set out in Condition 6.1; 9.2.2 represent and warrant to the Agency that the Start on Site Date has been reached and that such date is no later than that submitted therefor in IMS; 9.2.3 represent and warrant to the Agency that all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects; and 9.2.4 represent and warrant to the Agency that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner. 9.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the Agency for the Final Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time. 9.4 In submitting an application pursuant to Condition 9.3 the Grant Recipient is deemed to represent and warrant to the Agency that: 9.4.1 the Firm Scheme has been procured, designed, constructed and delivered in accordance with the requirements of this Agreement; 9.4.2 the Firm Scheme has reached Practical Completion; 9.4.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects; 9.4.4 the Grant Recipient is a Registered Provider and retains its status as an Investment Partner; 9.4.5 has obtained all Consents necessary for the lawful development of the Firm Scheme to the Submitted Standard as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued; 9.4.6 it possesses a Secure Legal Interest in the Site and for the purposes of this Condition 9.4.6 the parties acknowledge and agree that limb (f) of the definition of Secure Legal Interest shall be disregarded and of no effect; and." 9.4.7 the Firm Scheme is covered by the terms of a current Help to Buy Agency Agreement (where applicable).
Appears in 2 contracts
Sources: Empty Homes Agreement, Empty Homes Agreement
Grant Claim Procedures. 9.1 Subject to a Firm Scheme having reached the Start on Site DatePractical Completion, the Grant Recipient may apply to the Agency for the Interim Tranche Grant grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance compliance with the requirements of IMS from time procedures relating to timegrant claims and payments set out in the Capital Funding Guide.
9.2 In submitting an application pursuant to Condition 9.1 the Grant Recipient is deemed to :
9.2.1 repeat the representations and warranties set out in Condition 6.1;
9.2.2 represent and warrant to the Agency that the Start on Site Date has been reached and that such date is no later than that submitted therefor in IMS;
9.2.3 represent and warrant to the Agency that all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects; and
9.2.4 represent and warrant to the Agency that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner.
9.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the Agency for the Final Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.4 In submitting an application pursuant to Condition 9.3 the Grant Recipient is deemed to represent and warrant to the Agency that:
9.4.1 9.2.1 the Firm Scheme has been procured, designed, constructed and delivered in accordance with the requirements of this Agreement;
9.4.2 9.2.2 the Firm Scheme has reached Practical Completion;
9.4.3 9.2.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects;
9.4.4 9.2.4 the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
9.4.5 9.2.5 has obtained all Consents necessary for the lawful development of the Firm Scheme to the Submitted Standard as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
9.4.6 9.2.6 where it did not possess a Secure Legal Interest in the Site at the point of submitting a Developable Scheme pursuant to Condition 6.1, it possesses a Secure Legal Interest in the Site and for the purposes of this Condition 9.4.6 the parties acknowledge and agree that limb (f) of the definition of Secure Legal Interest shall be disregarded and of no effectSite; and."
9.4.7 9.2.7 the Firm Scheme is covered by the terms of a current Help to Buy HomeBuy Agency Agreement (where applicable).
Appears in 2 contracts
Sources: Framework Delivery Agreement, Framework Delivery Agreement
Grant Claim Procedures. 9.1 Subject to a Firm Scheme having reached Practical Completion and the Start on Site DateGrant Recipient being in possession of a Secure Legal Interest, the Grant Recipient may apply to the Agency for the Interim Tranche Grant grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance compliance with the requirements of IMS from time applicable procedures relating to timegrant claims and payments set out in the Capital Funding Guide.
9.2 In submitting an application pursuant to Condition 9.1 the Grant Recipient is deemed to :
9.2.1 repeat the representations and warranties set out in Condition 6.1;
9.2.2 represent and warrant to the Agency that the Start on Site Date has been reached and that such date is no later than that submitted therefor in IMS;
9.2.3 represent and warrant to the Agency that all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects; and
9.2.4 represent and warrant to the Agency that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner.
9.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the Agency for the Final Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.4 In submitting an application pursuant to Condition 9.3 the Grant Recipient is deemed to represent and warrant to the Agency that:
9.4.1 9.2.1 the Firm Scheme Site has been acquired and the Works procured, designed, constructed designed and delivered carried out in accordance with the requirements of this Agreement;
9.4.2 9.2.2 the Firm Scheme has reached Practical CompletionCompletion and meets the Submitted Standards;
9.4.3 9.2.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects;
9.4.4 9.2.4 the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
9.4.5 9.2.5 has obtained all Consents necessary for the lawful development acquisition Rehabilitation and/or conversion of the Firm Scheme to the Submitted Standard as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
9.4.6 9.2.6 it possesses a Secure Legal Interest in the Site and, in the case of a L&R Scheme, the lease granted to the Grant Recipient in relation to the Site exceeds in duration the Minimum Lease Duration and for is not capable of being terminated (save in the purposes case of this Condition 9.4.6 material breach) by the parties acknowledge and agree that limb (f) landlord prior to the expiry of the definition Lease Period;
9.2.7 the Grant Recipient is not subject to any direction of Secure Legal Interest shall be disregarded and the Secretary of State under Section 15 of the Local Government Act 1999 nor do any circumstances exist which would entitle the Secretary of State to issue such a direction which in either case would have a Material Adverse Effect in relation to the Firm Scheme;
9.2.8 no effectreport has been made nor is the Grant Recipient aware of any circumstances that would give rise to the making of a report under Section 114(3) or Section 114A of the Local Government Finance Act 1988 which in either case would have a Material Adverse Effect in relation to the Firm Scheme; and."
9.4.7 9.2.9 the Firm Scheme scheme is (where applicable) covered by the terms of a current Help to Buy Agency Agreement (where applicable)Agreement.
Appears in 2 contracts
Sources: Empty Homes Agreement, Empty Homes Agreement
Grant Claim Procedures. 9.1 Subject to a Firm Scheme having reached the Start on Site DatePractical Completion, the Grant Recipient Lead Partner may apply to the Agency for the Interim Tranche Grant grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient Lead Partner must make its application through IMS and in accordance compliance with the requirements of IMS from time procedures relating to timegrant claims and payments set out in the Capital Funding Guide.
9.2 In submitting permitting the Lead Partner to submit an application pursuant to Condition 9.1 the Grant Recipient is deemed to :
9.2.1 repeat the representations and warranties set out in Condition 6.1;
9.2.2 represent and warrant to the Agency that the Start on Site Date has been reached and that such date is no later than that submitted therefor in IMS;
9.2.3 represent and warrant to the Agency that all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects; and
9.2.4 represent and warrant to the Agency that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner.
9.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the Agency for the Final Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.4 In submitting an application pursuant to Condition 9.3 the Grant Recipient Relevant Consortium Member is deemed to represent and warrant to the Agency that:that:1 2
9.4.1 9.2.1 the Firm Scheme has been procured, designed, constructed and delivered in accordance with the requirements of this Agreement;
9.4.2 9.2.2 the Firm Scheme has reached Practical Completion;
9.4.3 all 9.2.3 it is aware of the confirmations and certifications made or to be made by the Grant Recipient Lead Partner on the Relevant Consortium Member's behalf (and has authorised the Lead Partner to make such confirmations and certifications) in IMS in relation to the Firm Scheme and such confirmation and certifications have been are or will be correct in all material respects;
9.4.4 the Grant Recipient 9.2.4 it is a Registered Provider and retains its status as an Investment PartnerProvider;
9.4.5 9.2.5 it has obtained all Consents necessary for the lawful development of the Firm Scheme to the Submitted Standard as are then required or to the extent that they are not obtained that the Grant Recipient it has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;; and
9.4.6 9.2.6 where it did not possess a Secure Legal Interest in the Site at the point of submitting a Developable Scheme pursuant to Condition 6.1, it possesses a Secure Legal Interest in the Site and for the purposes of this Condition 9.4.6 the parties acknowledge and agree that limb (f) of the definition of Secure Legal Interest shall be disregarded and of no effect; Site, and."
9.4.7 the Firm Scheme is covered by the terms of a current Help to Buy Agency Agreement (where applicable).
Appears in 1 contract
Sources: Framework Delivery Agreement
Grant Claim Procedures. 9.1 11.1 Subject to a Firm Scheme having reached the Start on Site Date, the Grant Recipient may apply to the Agency GLA for the Interim First Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide.
11.2 In submitting an application pursuant to Condition 11.1 the Grant Recipient is deemed to:
11.2.1 repeat the representations and warranties set out in Condition 7.3;
11.2.2 represent and warrant to the GLA that the Start on Site Date has been reached and that such date is no later than that submitted therefor in IMS;
11.2.3 represent and warrant to the GLA that all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been, are or will be correct in all material respects;
11.2.4 represent and warrant to the GLA that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner; and
11.2.5 represent and warrant to the GLA that no Withholding Event or Termination Event has occurred or arisen.
11.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the GLA for the Second Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.2 11.4 In submitting an application pursuant to Condition 9.1 11.3 the Grant Recipient is deemed to :
9.2.1 repeat the representations and warranties set out in Condition 6.1;
9.2.2 represent and warrant to the Agency that GLA that:
11.4.1 the Start on Site Date Firm Scheme has been reached procured, designed, constructed and that such date is no later than that submitted therefor delivered in IMSaccordance with the requirements of this Agreement;
9.2.3 represent and warrant to 11.4.2 the Agency that Firm Scheme has reached Practical Completion;
11.4.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects; and
9.2.4 represent and warrant to the Agency that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner.
9.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the Agency for the Final Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.4 In submitting an application pursuant to Condition 9.3 the Grant Recipient is deemed to represent and warrant to the Agency that:
9.4.1 the Firm Scheme has been procured, designed, constructed and delivered in accordance with the requirements of this Agreement;
9.4.2 the Firm Scheme has reached Practical Completion;
9.4.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects;
9.4.4 11.4.4 the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
9.4.5 11.4.5 it has obtained all Consents necessary for the lawful development of the Firm Scheme in accordance with the Firm Scheme Details and to the Submitted Standard Standards as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) all
11.4.6 where it did not possess a Secure Legal Interest in the Site at the point of any reason why such Consents will not be given submitting a Developable Scheme pursuant to Condition 7.1 or issued;
9.4.6 7.2, it possesses a Secure Legal Interest in the Site and for the purposes purpose of this Condition 9.4.6 11.4.6 the parties acknowledge and agree that limb (fd) of the definition of Secure Legal Interest shall be disregarded and of no effect; and.";
9.4.7 11.4.7 no Withholding Event or Termination Event has occurred or arisen;
11.4.8 the Tenure Mix or Flexible Tenure Mix (as applicable) in relation to the Firm Scheme is covered consistent with the Firm Scheme Details; and
11.4.9 subject to Condition 11.5, all Flexible Dwellings within the Firm Scheme have been acquired, reserved by or let to Eligible Purchasers.
11.5 The Grant Recipient shall be entitled to disclose against the terms of a current Help to Buy Agency Agreement (where applicable).warranty given in Condition
Appears in 1 contract
Sources: Framework Delivery Agreement
Grant Claim Procedures. 9.1 11.1 Subject to a Firm Scheme having reached the Start on Site Date, the Grant Recipient may apply to the Agency GLA for the Interim First Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide.
11.2 In submitting an application pursuant to Condition 11.1 the Grant Recipient is deemed to:
11.2.1 repeat the representations and warranties set out in Condition 7.3;
11.2.2 represent and warrant to the GLA that the Start on Site Date has been reached and that such date is no later than that submitted therefor in IMS;
11.2.3 represent and warrant to the GLA that all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been, are or will be correct in all material respects;
11.2.4 represent and warrant to the GLA that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
11.2.5 represent and warrant to the GLA that no Withholding Event or Termination Event has occurred or arisen;
11.2.6 represent and warrant that the Grant Recipient is not subject to any direction of the Secretary of State under Section 15 of the Local Government Act 1999 nor do any circumstances exist which would entitle the Secretary of State to issue such a direction which in either case would have a Material Adverse Effect;
11.2.7 represent and warrant that no report has been made nor is the Grant Recipient aware of any circumstances that would give rise to the making of a report under Section 114(3) or Section 114A of the Local Government Finance Act 1988 which in either case would have a Material Adverse Effect; and
11.2.8 no declaration, finding or judgement of a court with relevant jurisdiction has been made which renders any Equity Loan void, invalid or unenforceable.
11.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the GLA for the Second Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.2 11.4 In submitting an application pursuant to Condition 9.1 11.3 the Grant Recipient is deemed to :
9.2.1 repeat the representations and warranties set out in Condition 6.1;
9.2.2 represent and warrant to the Agency that GLA that:
11.4.1 the Start on Site Date Firm Scheme has been reached procured, designed, constructed and that such date is no later than that submitted therefor delivered in IMSaccordance with the requirements of this Agreement;
9.2.3 represent and warrant to 11.4.2 the Agency that Firm Scheme has reached Practical Completion;
11.4.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects; and
9.2.4 represent and warrant to the Agency that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner.
9.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the Agency for the Final Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.4 In submitting an application pursuant to Condition 9.3 the Grant Recipient is deemed to represent and warrant to the Agency that:
9.4.1 the Firm Scheme has been procured, designed, constructed and delivered in accordance with the requirements of this Agreement;
9.4.2 the Firm Scheme has reached Practical Completion;
9.4.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects;
9.4.4 11.4.4 the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
9.4.5 11.4.5 it has obtained all Consents necessary for the lawful development of the Firm Scheme in accordance with the Firm Scheme Details and to the Submitted Standard Standards as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
9.4.6 11.4.6 where it did not possess a Secure Legal Interest in the Site at the point of submitting a Developable Scheme pursuant to Condition 7.1 or 7.2, it possesses a Secure Legal Interest in the Site and for the purposes purpose of this Condition 9.4.6 11.4.6 the parties acknowledge and agree that limb (fd) of the definition of Secure Legal Interest shall be disregarded and of no effect; and."effect;β
9.4.7 11.4.7 no Withholding Event or Termination Event has occurred or arisen;
11.4.8 the Tenure Mix or Flexible Tenure Mix (as applicable) in relation to the Firm Scheme is covered consistent with the Firm Scheme Details;
11.4.9 subject to Condition 11.5, all Flexible Dwellings within the Firm Scheme have been acquired, reserved by or let to Eligible Purchasers;
11.4.10 the terms Grant Recipient is not subject to any direction of the Secretary of State under Section 15 of the Local Government Act 1999 nor do any circumstances exist which would entitle the Secretary of State to issue such a direction which in either case would have a Material Adverse Effect;
11.4.11 no report has been made nor is the Grant Recipient aware of any circumstances that would give rise to the making of a current Help report under Section 114(3) or Section 114A of the Local Government Finance Act 1988 which in either case would have a Material Adverse Effect; and
11.4.12 no declaration, finding or judgement of a court with relevant jurisdiction has been made which renders any Equity Loan void, invalid or unenforceable.
11.5 The Grant Recipient shall be entitled to Buy Agency Agreement (where applicable).disclose against the warranty given in Condition
Appears in 1 contract
Sources: Framework Delivery Agreement
Grant Claim Procedures. 9.1 Subject to a Firm Scheme having reached the Start on Site Date, the Grant Recipient may apply to the Agency for the Interim Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.2 In submitting an application pursuant to Condition 9.1 the Grant Recipient is deemed to :
9.2.1 repeat the representations and warranties set out in Condition 6.1;
9.2.2 represent and warrant to the Agency that the Start on Site Date has been reached and that such date is no later than that submitted therefor in IMS;
9.2.3 represent and warrant to the Agency that all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects; and
9.2.4 represent and warrant to the Agency that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner.
9.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the Agency for the Final Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.4 In submitting an application pursuant to Condition 9.3 the Grant Recipient is deemed to represent and warrant to the Agency that:
9.4.1 the Firm Scheme has been procured, designed, constructed and delivered in accordance with the requirements of this Agreement;
9.4.2 the Firm Scheme has reached Practical Completion;
9.4.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects;
9.4.4 the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
9.4.5 has obtained all Consents necessary for the lawful development of the Firm Scheme to the Submitted Standard as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
9.4.6 it possesses a Secure Legal Interest in the Site and for the purposes of this Condition 9.4.6 the parties acknowledge and agree that limb (f) of the definition of Secure Legal Interest shall be disregarded and of no effect; and."
9.4.7 the Firm Scheme is covered by the terms of a current Help to Buy Agency Agreement (where applicable).
Appears in 1 contract
Sources: Empty Homes Agreement
Grant Claim Procedures. 9.1 11.1 Subject to a Firm Scheme having reached the Start on Site Date, the Grant Recipient may apply to the Agency GLA for the Interim First Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time and in compliance with the applicable procedures relating to grant claims and payments set out in the Capital Funding Guide.
11.2 In submitting an application pursuant to Condition 11.1 the Grant Recipient is deemed to:
11.2.1 repeat the representations and warranties set out in Condition 7.3;
11.2.2 represent and warrant to the GLA that the Start on Site Date has been reached and that such date is no later than that submitted therefor in IMS;
11.2.3 represent and warrant to the GLA that all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been, are or will be correct in all material respects;
11.2.4 represent and warrant to the GLA that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner; and
11.2.5 represent and warrant to the GLA that no Withholding Event or Termination Event has occurred or arisen.
11.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the GLA for the Second Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.2 11.4 In submitting an application pursuant to Condition 9.1 11.3 the Grant Recipient is deemed to :
9.2.1 repeat the representations and warranties set out in Condition 6.1;
9.2.2 represent and warrant to the Agency that GLA that:
11.4.1 the Start on Site Date Firm Scheme has been reached procured, designed, constructed and that such date is no later than that submitted therefor delivered in IMSaccordance with the requirements of this Agreement;
9.2.3 represent and warrant to 11.4.2 the Agency that Firm Scheme has reached Practical Completion;
11.4.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects; and
9.2.4 represent and warrant to the Agency that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner.
9.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the Agency for the Final Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.4 In submitting an application pursuant to Condition 9.3 the Grant Recipient is deemed to represent and warrant to the Agency that:
9.4.1 the Firm Scheme has been procured, designed, constructed and delivered in accordance with the requirements of this Agreement;
9.4.2 the Firm Scheme has reached Practical Completion;
9.4.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects;
9.4.4 11.4.4 the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
9.4.5 11.4.5 it has obtained all Consents necessary for the lawful development of the Firm Scheme in accordance with the Firm Scheme Details and to the Submitted Standard Standards as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
9.4.6 11.4.6 where it did not possess a Secure Legal Interest in the Site at the point of submitting a Developable Scheme pursuant to Condition 7.1 or 7.2, it possesses a Secure Legal Interest in the Site and for the purposes purpose of this Condition 9.4.6 11.4.6 the parties acknowledge and agree that limb (fd) of the definition of Secure Legal Interest shall be disregarded and of no effect; and.";
9.4.7 11.4.7 no Withholding Event or Termination Event has occurred or arisen;
11.4.8 the Tenure Mix or Flexible Tenure Mix (as applicable) in relation to the Firm Scheme is covered consistent with the Firm Scheme Details; and
11.4.9 subject to Condition 11.5, all Flexible Dwellings within the Firm Scheme have been acquired, reserved by or let to Eligible Purchasers.
11.5 The Grant Recipient shall be entitled to disclose against the terms of a current Help to Buy Agency Agreement (where applicable).warranty given in Condition
Appears in 1 contract
Sources: Framework Delivery Agreement
Grant Claim Procedures. 9.1 Subject to a Firm Scheme having reached the Start on Site DatePractical Completion, the Grant Recipient may apply to the Agency for the Interim Tranche Grant grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance compliance with the requirements of IMS from time procedures relating to timegrant claims and payments set out in the Capital Funding Guide.
9.2 In submitting an application pursuant to Condition 9.1 the Grant Recipient is deemed to :
9.2.1 repeat the representations and warranties set out in Condition 6.1;
9.2.2 represent and warrant to the Agency that the Start on Site Date has been reached and that such date is no later than that submitted therefor in IMS;
9.2.3 represent and warrant to the Agency that all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects; and
9.2.4 represent and warrant to the Agency that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner.
9.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the Agency for the Final Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.4 In submitting an application pursuant to Condition 9.3 the Grant Recipient is deemed to represent and warrant to the Agency that:
9.4.1 9.2.1 the Firm Scheme has been procured, designed, constructed and delivered in accordance with the requirements of this Agreement;
9.4.2 9.2.2 the Firm Scheme has reached Practical Completion;
9.4.3 9.2.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects;
9.4.4 9.2.4 the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
9.4.5 9.2.5 has obtained all Consents necessary for the lawful development of the Firm Scheme to the Submitted Standard as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
9.4.6 9.2.6 where it did not possess a Secure Legal Interest in the Site at the point of submitting a Developable Scheme pursuant to Condition 6.1, it possesses a Secure Legal Interest in the Site and for the purposes of this Condition 9.4.6 the parties acknowledge and agree that limb (f) of the definition of Secure Legal Interest shall be disregarded and of no effectSite; and."
9.4.7 the Firm Scheme is covered by the terms of a current Help to Buy Agency Agreement (where applicable).
Appears in 1 contract
Sources: Framework Delivery Agreement
Grant Claim Procedures. 9.1 Subject to a Firm Scheme having reached the Start on Site DatePractical Completion, the Grant Recipient may apply to the Agency for the Interim Tranche Grant grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance compliance with the requirements of IMS from time procedures relating to timegrant claims and payments set out in the Capital Funding Guide.
9.2 In submitting an application pursuant to Condition 9.1 the Grant Recipient is deemed to :
9.2.1 repeat the representations and warranties set out in Condition 6.1;
9.2.2 represent and warrant to the Agency that the Start on Site Date has been reached and that such date is no later than that submitted therefor in IMS;
9.2.3 represent and warrant to the Agency that all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects; and
9.2.4 represent and warrant to the Agency that the Grant Recipient is a Registered Provider and retains its status as an Investment Partner.
9.3 Subject to a Firm Scheme having reached Practical Completion, the Grant Recipient may apply to the Agency for the Final Tranche Grant payable in respect of that Firm Scheme to be paid to it. The Grant Recipient must make its application through IMS and in accordance with the requirements of IMS from time to time.
9.4 In submitting an application pursuant to Condition 9.3 the Grant Recipient is deemed to represent and warrant to the Agency that:
9.4.1 9.2.1 the Firm Scheme has been procured, designed, constructed and delivered in accordance with the requirements of this Agreement;
9.4.2 9.2.2 the Firm Scheme has reached Practical Completion;
9.4.3 9.2.3 all confirmations and certifications made or to be made by the Grant Recipient in IMS in relation to the Firm Scheme have been are or will be correct in all material respects;
9.4.4 9.2.4 the Grant Recipient is a Registered Provider and retains its status as an Investment Partner;
9.4.5 9.2.5 has obtained all Consents necessary for the lawful development of the Firm Scheme to the Submitted Standard as are then required or to the extent that they are not obtained that the Grant Recipient has taken all necessary steps to obtain them, is waiting only for the Relevant Authority to issue them and is not aware (having made all reasonable enquiries) of any reason why such Consents will not be given or issued;
9.4.6 9.2.6 where it did not possess a Secure Legal Interest in the Site at the point of submitting a Developable Scheme pursuant to Condition 6.1, it possesses a Secure Legal Interest in the Site and for the purposes of this Condition 9.4.6 the parties acknowledge and agree that limb (f) of the definition of Secure Legal Interest shall be disregarded and of no effect; and."Site;
9.4.7 9.2.7 the Firm Scheme is covered by the terms of a current Help to Buy HomeBuy Agency Agreement (where applicable);
9.2.8 the Grant Recipient is not subject to any direction of the Secretary of State under Section 15 of the Local Government Act 1999 nor do any circumstances exist which would entitle the Secretary of State to issue such a direction which in either case would have a Material Adverse Effect; and
9.2.9 no report has been made nor is the Grant Recipient aware of any circumstances that would give rise to the making of a report under Section 114(3) of the Local Government Finance Act 1988 which in either case would have a Material Adverse Effect.
Appears in 1 contract
Sources: Framework Delivery Agreement