Operational Obligations. In delivering the Named Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. immediately once a Milestone has been achieved with respect to each Named Project; immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of a Named Project (or subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling: (a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and (b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR Dwellings; comply with the Tenancy Standard in respect of the SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to: (a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms; (b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling; (c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable); and (d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
Appears in 3 contracts
Sources: Grant Agreement, Grant Agreement, Grant Agreement
Operational Obligations. 9.1 In delivering the Named Projects Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. .
9.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
9.3 The Grant Recipient must notify the GLA in writing (save in respect of Condition 9.3.1 where notification is required to be given through OPS):
9.3.1 immediately once a Milestone Start on Site and Practical Completion has been achieved occurred with respect to each Named Project;
9.3.2 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; immediately, in the event of the receipt by it and
9.3.3 of any other Public Sector Funding event or guarantees of it, or circumstance in relation the offer of the same, in respect of a Named Project (or subject always as the GLA may reasonably require from time to compliance with time and within such timeframes as the applicable LLR Rent LevelGLA may reasonably require.
9.4 Without prejudice to Condition 9.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
9.4.1 not charge a higher initial rent in relation to a LLR Dwelling use the AHP Dwellings for any purpose other than the London Living Rent as set out in Agreed Purposes without the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:GLA's prior written consent;
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); 9.4.2 subject to any contrary requirement of Legislation comply with the Rent Standard Guidance in respect of the SR Dwellings; AHP Dwellings where applicable;
9.4.3 comply with the Tenancy Standard in respect of the SR AHP Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable); and
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; 9.4.4 comply at its own cost with the GLA's requirements in relation to Compliance Audit; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. .
9.5 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid Ring Fence Offer and with proper regard to the need for efficiency in the use of public funds. .
9.6 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. .
9.7 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 9 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
9.8 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 3 contracts
Sources: Right to Buy Ringfence Agreement, Right to Buy Ringfence Agreement, Right to Buy Ringfence Agreement
Operational Obligations. 10.1 In delivering the Named Projects Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. .
10.2 The Relevant Consortium Member shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Relevant Consortium Member with its obligations under this Agreement.
10.3 The Relevant Consortium Member must notify the GLA in writing (save in respect of Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
10.3.1 immediately once a Milestone Start on Site and Practical Completion has been achieved occurred with respect to each Named Project; ;
10.3.2 immediately, in the event of the receipt by it of any other Public Sector Funding Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Lead Partner pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
10.4 Without prejudice to Condition 10.1, the Relevant Consortium Member must in operating and administering the Named Project after Practical Completion:
10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
10.4.2 in relation to a LAR (B) Dwelling, and subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent than the rent set out in limb (a) of the definition of London Affordable Rent (and detailed in the relevant Named Project Details) and ensure that such rent continues to be set and charged in accordance with the relevant criteria and requirements of the Benchmark Rent Level;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) Dwelling continues to be: i
(i) set and charged in accordance with the criteria of the London Living Rent; Rent and ii (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and;
(b) on any re-10.4.4 not charge a higher initial rent in relation to a LAR Dwelling let is or to be let at an Affordable Rent than set out in accordance with the then applicable LLR Rent Level (or lower); relevant Named Project Details;
10.4.5 subject to any contrary requirement of Legislation comply with the Rent Standard (if an RP Provider) or Rent Guidance (if a LA Provider) in respect of the SR AHP Rent Dwellings; ;
10.4.6 comply with the Tenancy Standard in respect of the SR AHP Rent Dwellings and the LLR Dwellings; ;
10.4.7 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient Relevant Consortium Member in relation to an AHP Dwelling;; and
(c) the purpose, target group (including any eligibility requirement)group, letting, rents, management or disposal of SR AHP Rent Dwellings and/or LLR Dwellings (as applicable); and;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; ;
10.4.8 comply at its own cost with the GLA's requirements in relation to Compliance Audit; ;
10.4.9 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ;
10.4.10 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.11 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; and
10.4.12 ensure that all SR AAH Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. .
10.5 The Grant Recipient Relevant Consortium Member shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient Lead Partner from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. .
10.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient each Consortium Member must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient .
10.7 Each Consortium Member must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: here:▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. .
10.8 Each Relevant Consortium Member must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Lead Partner from time to time following consultation).
10.9 Where the Grant Recipient any Consortium Member is aware that it is in breach of an obligation under this Condition 11 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
10.10 Notwithstanding any other provision of this Agreement the Relevant Consortium Member shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling for which it is the Landlord.
Appears in 2 contracts
Sources: Consortium Grant Agreement, Consortium Grant Agreement
Operational Obligations. 11.1 In delivering the Named Projects Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. .
11.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
11.3 The Grant Recipient must notify the GLA in writing (save in respect of Conditions 11.3.1, where notification is required to be given through OPS):
11.3.1 immediately once a Milestone the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has been achieved occurred with respect to each Named Project;
11.3.2 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; immediately, in the event of the receipt by it and
11.3.3 of any other Public Sector Funding event or guarantees of itcircumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
11.4 Without prejudice to Condition 11.1, or the offer Grant Recipient must in operating and administering the Named Project after Practical Completion:
11.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
11.4.2 not charge a higher initial rent in relation to a LAR Dwelling than the Benchmark Rent Level as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the applicable criteria of the same, in respect of a Named Project (or London Affordable Rent;
11.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR DwellingDwelling continues to be:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii and
(b) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and;
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); 11.4.4 subject to any contrary requirement of Legislation comply with the Rent Standard Guidance in respect of the SR Dwellings; AHP Rent Dwellings where applicable;
11.4.5 comply with the Tenancy Standard in respect of the SR AHP Rent Dwellings and the LLR Dwellings; Dwellings where applicable;
11.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group (including any eligibility requirement)group, letting, rents, management or disposal of SR AHP Rent Dwellings and/or LLR Dwellings (as applicable); andDwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; ;
11.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit; ;
11.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ;
11.4.9 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
11.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant;
11.4.11 ensure that where a Named Project is subject to the Resident Ballot Requirement, the proposals set out in the Landlord Offer are complied with; and
11.4.12 ensure that all SR AAH Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. .
11.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. .
11.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. .
11.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: here:▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. .
11.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
11.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
11.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 2 contracts
Sources: Grant Agreement, Grant Agreement
Operational Obligations. 10.1 In delivering the Named Projects Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. .
10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
10.3 The Grant Recipient must notify the GLA in writing (save in respect of Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
10.3.1 immediately once a Milestone the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has been achieved occurred with respect to each Named Project; ;
10.3.2 immediately, in the event of the receipt by it of any other Public Sector Funding Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
10.4 Without prejudice to Condition 10.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
10.4.1 subject to Condition 17.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) Dwelling continues to be: i
(i) set and charged in accordance with the criteria of the London Living Rent; Rent and ii (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and;
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); 10.4.4 subject to any contrary requirement of Legislation comply with the Rent Standard Guidance in respect of the SR LAR Dwellings; ;
10.4.5 comply with the Tenancy Standard in respect of the SR LAR Dwellings and the LLR Dwellings; ;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group (including any eligibility requirement)group, letting, rents, management or disposal of SR LAR Dwellings and/or LLR Dwellings (as applicable); andDwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; ;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit; ;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. .
10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. .
10.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. .
10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: here:▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. .
10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 2 contracts
Operational Obligations. In delivering the Named Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. immediately once a Milestone has been achieved with respect to each Named Project; immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of a Named Project (or subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR Dwellings; comply with the Tenancy Standard in respect of the SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation OutcomeOutcome and the RTSO Guidance) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling, including through the Right to Shared Ownership;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable);
(d) the operation of the Right to Shared Ownership; and
(de) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
Appears in 2 contracts
Sources: Grant Agreement, Grant Agreement
Operational Obligations. 11.1 In delivering the Named Projects Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. .
11.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
11.3 The Grant Recipient must notify the GLA in writing (save in respect of Conditions 11.3.1 and 11.3.2, where notification is required to be given through OPS):
11.3.1 immediately once a Milestone the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has been achieved occurred with respect to each Named Project; ;
11.3.2 immediately, in the event of the receipt by it of any other Public Sector Funding Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 6.1 or Condition 9.2;
11.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
11.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
11.4 Without prejudice to Condition 11.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
11.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
11.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
11.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR DwellingDwelling continues to be:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii and
(b) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and;
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); 11.4.4 subject to any contrary requirement of Legislation comply with the Rent Standard Guidance in respect of the SR LAR Dwellings; ;
11.4.5 comply with the Tenancy Standard in respect of the SR LAR Dwellings and the LLR Dwellings; ;
11.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group (including any eligibility requirement)group, letting, rents, management or disposal of SR LAR Dwellings and/or LLR Dwellings (as applicable)Dwellings; and
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; ;
11.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit; ;
11.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
11.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
11.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; .
11.4.11 ensure that all SR Dwellings where a Named Project is subject to the Resident Ballot Requirement, the proposals set out in the Landlord Offer are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. complied with.
11.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. .
11.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. .
11.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: here:▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. .
11.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
11.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
11.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Sources: Approved Provider Grant Agreement
Operational Obligations. In delivering the Named Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. immediately once a Milestone has been achieved with respect to each Named Project; immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of a Named Project (or subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR Dwellings; comply with the Tenancy Standard in respect of the SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, applicable the SO Consultation OutcomeOutcome and, where the Relevant Consortium Member is an RP Provider, the RTSO Guidance) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient Relevant Consortium Member in relation to an AHP Dwelling, including, where the Relevant Consortium Member is an RP Provider, through the Right to Shared Ownership;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable);
(d) the operation of the Right to Shared Ownership (where the Relevant Consortium Member is an RP Provider); and
(de) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient Relevant Consortium Member shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient Lead Partner from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient each Consortium Member must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient Each Consortium Member must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. Where the Grant Recipient a Consortium Member is aware that it is in breach of an obligation under this Condition 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
Appears in 1 contract
Sources: Consortium Grant Agreement
Operational Obligations. In delivering the Named Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. immediately once a Milestone has been achieved with respect to each Named Project; immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of a Named Project (or subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR Dwellings; comply with the Tenancy Standard in respect of the SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable); and
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations. In delivering the Named Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. immediately once a Milestone has been achieved with respect to each Named Project; immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of a Named Project (or subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR Dwellings; comply with the Tenancy Standard in respect of the SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation OutcomeOutcome and the RTSO Guidance) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling, including through the Right to Shared Ownership;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable);
(d) the operation of the Right to Shared Ownership; and
(de) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations. In delivering the Named Projects and Grant Recipient must in operating and administering a Firm Scheme after Firm Scheme Completion:
11.7.1 subject to Clause 18.1 (Repayment of Grant) not use the Named Project after Practical Completion, AHP Dwellings for any purpose other than the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. immediately once a Milestone has been achieved with respect to each Named Project; immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of a Named Project (or subject always to compliance with the applicable LLR Rent Level, Agreed Purposes without Homes England's prior written consent;
11.7.2 not charge a higher initial rent in relation to an AHP Rent Dwelling or a LLR Rent to Buy Dwelling than the London Living Rent as set out in the relevant Named Project Firm Scheme Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:;
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); 11.7.3 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR AHP Rent Dwellings; ;
11.7.4 comply with the Tenancy Standard in respect of the SR AHP Rent Dwellings and the LLR Rent to Buy Dwellings; ;
11.7.5 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation OutcomeOutcome and the RTSO Guidance) in relation to:
(a) any disposal of an SO Dwelling the Shared Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the letting, management or disposal of AHP Rent Dwellings;
(d) the purpose, target group (including any eligibility requirement)client group, letting, rents, management or disposal and disposals of SR Dwellings and/or LLR Dwellings (as applicable); andRent to Buy Dwellings;
(de) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; and
(f) the operation of the Right to Shared Ownership;
11.7.6 comply at its own cost with the GLAHomes England's requirements in relation to Compliance Audit; ;
11.7.7 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ;
11.7.8 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
11.7.9 ensure that it participates in any Home Ownership Agency Arrangements where any Firm Scheme includes Shared Ownership Dwellings or Rent to Buy Dwellings;
11.7.10 not seek possession of any Shared Ownership Dwelling on the basis of ▇▇▇▇▇▇ ▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇;
11.7.11 ensure that all LLR Rent to Buy Dwellings are made available solely as Rent to LLR Tenants as LLR Buy Dwellings for a period of not less than five (5) years from the point at which they first becomes available for letting and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time Rent to time); Buy Tenant in occupation;
11.7.12 comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are is in force and apply and/or applies in England in relation to building safety. The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-; and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations. 10.1 In delivering the Named Projects Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. .
10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
10.3 The Grant Recipient must notify the GLA in writing (save in respect of Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
10.3.1 immediately once a Milestone the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has been achieved occurred with respect to each Named Project; ;
10.3.2 immediately, in the event of the receipt by it of any other Public Sector Funding Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
10.4 Without prejudice to Condition 10.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
10.4.1 subject to Condition 17.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) Dwelling continues to be: i
(i) set and charged in accordance with the criteria of the London Living Rent; Rent and ii (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and;
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); 10.4.4 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR LAR Dwellings; ;
10.4.5 comply with the Tenancy Standard in respect of the SR LAR Dwellings and the LLR Dwellings; ;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;; and
(c) the purpose, target group (including any eligibility requirement)group, letting, rents, management or disposal of SR LAR Dwellings and/or LLR Dwellings (as applicable); andDwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; ;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit; ;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ;
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. .
10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. .
10.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. .
10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: here:▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. .
10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Sources: Approved Provider Grant Agreement
Operational Obligations. In delivering the Named Projects Delivering a Firm Scheme and in operating and administering the Named Project Firm Scheme after Practical Firm Scheme Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, Guide and the Recovery Determination and the Consents. The Grant Recipient shall procure that Homes England's Representative (or any person nominated by them) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as they consider appropriate to inspect the progress of the Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement. The Grant Recipient shall provide such evidence as Homes England may reasonably require to satisfy itself that sufficient progress is being made against the Approved Capital Bid pursuant to the terms of this Agreement and that the Grant Recipient is complying with the terms and conditions of this Agreement. The Grant Recipient must notify Homes England in writing (save in respect of Clause 11.5.1 (procure that prior to any AHP Dwelling comprised in such Firm Scheme being occupied, all certification required in respect of the Firm Scheme (or any part thereof) is obtained (including certification that such AHP Dwelling has passed "Gateway 3" when implemented) under any building safety legislation arising out of the Building Safety ▇▇▇▇ 2021; and where any AHP Dwelling forms part of a building that is above either 18 metres or 7 storeys in height (whichever is the lower), register as a signatory to the Building a Safer Future Charter. Operational Obligations), where notification is required to be given through IMS): immediately once a Milestone Start on Site has been achieved with respect to each Named Projectoccurred; immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of a Named Project the Firm Scheme (or subject always any part of it) beyond any amount of Public Sector Funding notified to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR Dwellings; comply with the Tenancy Standard in respect of the SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted Homes England by the Grant Recipient in relation pursuant to an AHP Dwelling;
Clause 5.1 (c) the purpose, target group (including any eligibility requirementFirm Schemes), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable); and
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.Clause
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations. 10.1 In delivering the Named Projects Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. .
10.2 The Relevant Consortium Member shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Relevant Consortium Member with its obligations under this Agreement.
10.3 The Relevant Consortium Member must notify the GLA in writing (save in respect of Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
10.3.1 immediately once a Milestone the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has been achieved occurred with respect to each Named Project; ;
10.3.2 immediately, in the event of the receipt by it of any other Public Sector Funding Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Lead Partner pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
10.4 Without prejudice to Condition 10.1, the Relevant Consortium Member must in operating and administering the Named Project after Practical Completion:
10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) Dwelling continues to be: i be (i) set and charged in accordance with the criteria of the London Living Rent; Rent and ii (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and;
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); 10.4.4 subject to any contrary requirement of Legislation comply with the Rent Standard (if an RP Provider) or Rent Guidance (if a LA Provider) in respect of the SR LAR Dwellings; ;
10.4.5 comply with the Tenancy Standard in respect of the SR LAR Dwellings and the LLR Dwellings; ;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient Relevant Consortium Member in relation to an AHP Dwelling;; and
(c) the purpose, target group (including any eligibility requirement)group, letting, rents, management or disposal of SR LAR Dwellings and/or LLR Dwellings (as applicable); andDwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; ;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit; ;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. .
10.5 The Grant Recipient Relevant Consortium Member shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient Lead Partner from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. .
10.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient each Consortium Member must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient .
10.7 Each Consortium Member must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: here:▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. .
10.8 Each Relevant Consortium Member must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Lead Partner from time to time following consultation).
10.9 Where the Grant Recipient any Consortium Member is aware that it is in breach of an obligation under this Condition 11 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
10.10 Notwithstanding any other provision of this Agreement the Relevant Consortium Member shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling for which it is the Landlord.
Appears in 1 contract
Operational Obligations.
10.1 In delivering the Named Projects Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. .
10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
10.3 The Grant Recipient must notify the GLA in writing (save in respect of Conditions 10.3.1, where notification is required to be given through OPS):
10.3.1 immediately once a Milestone the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has been achieved occurred with respect to each Named Project;
10.3.2 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; immediately, in the event of the receipt by it and
10.3.3 of any other Public Sector Funding event or guarantees circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
10.4 Without prejudice to Condition 10.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
10.4.2 not charge a higher initial rent in relation to a LAR Dwelling than:
(a) in the case of ita Benchmark Rent Dwelling, or and subject always to compliance with the offer applicable Benchmark Rent Level, the rent set out in limb (a) of the same, definition of London Affordable Rent (and detailed in respect of a the relevant Named Project Details);
(or b) in the case of any other LAR Dwelling, the rent set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the applicable criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR DwellingDwelling continues to be:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii and
(b) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and;
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); 10.4.4 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR Dwellings; AHP Rent Dwellings where applicable;
10.4.5 comply with the Tenancy Standard in respect of the SR AHP Rent Dwellings and the LLR Dwellings; Dwellings where applicable;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group (including any eligibility requirement)group, letting, rents, management or disposal of SR AHP Rent Dwellings and/or LLR Dwellings (as applicable)Dwellings; and
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; ;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit; ;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ;
10.4.9 in relation to each AHP Rent Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds;
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant;
10.4.11 ensure that where a Named Project is subject to the Resident Ballot Requirement, the proposals set out in the Landlord Offer are complied with; and
10.4.12 ensure that all SR AAH Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. .
10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. .
10.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. .
10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: here:▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. .
10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations. 10.1 In delivering the Named Projects Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. .
10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
10.3 The Grant Recipient must notify the GLA in writing (save in respect of Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
10.3.1 immediately once a Milestone the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has been achieved occurred with respect to each Named Project; ;
10.3.2 immediately, in the event of the receipt by it of any other Public Sector Funding Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
10.4 Without prejudice to Condition 10.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) Dwelling continues to be: i
(i) set and charged in accordance with the criteria of the London Living Rent; Rent and ii (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and;
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); 10.4.4 subject to any contrary requirement of Legislation comply with the Rent Standard Guidance in respect of the SR LAR Dwellings; ;
10.4.5 comply with the Tenancy Standard in respect of the SR LAR Dwellings and the LLR Dwellings; ;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;
(c) the purpose, target group (including any eligibility requirement)group, letting, rents, management or disposal of SR LAR Dwellings and/or LLR Dwellings (as applicable); andDwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; ;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit; ;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. .
10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. .
10.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. .
10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: here:▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. .
10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Sources: Approved Provider Grant Agreement
Operational Obligations. 10.1 In delivering the Named Projects Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. .
10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
10.3 The Grant Recipient must notify the GLA in writing (save in respect of Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
10.3.1 immediately once a Milestone the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has been achieved occurred with respect to each Named Project; ;
10.3.2 immediately, in the event of the receipt by it of any other Public Sector Funding Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
10.4 Without prejudice to Condition 10.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) Dwelling continues to be: i
(i) set and charged in accordance with the criteria of the London Living Rent; Rent and ii (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and;
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); 10.4.4 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR LAR Dwellings; ;
10.4.5 comply with the Tenancy Standard in respect of the SR LAR Dwellings and the LLR Dwellings; ;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;; and
(c) the purpose, target group (including any eligibility requirement)group, letting, rents, management or disposal of SR LAR Dwellings and/or LLR Dwellings (as applicable); andDwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; .
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit; ;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. .
10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. .
10.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. .
10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: here:▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. .
10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Sources: Approved Provider Grant Agreement
Operational Obligations. 10.1 In delivering the Named Projects Project and in operating and administering the Named Project after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. .
10.2 The Grant Recipient shall procure that the GLA's Representative (or any person nominated by him) shall have at all reasonable times and upon giving reasonable notice the right to enter onto the Site and to take such action as he considers appropriate to inspect the progress of the Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
10.3 The Grant Recipient must notify the GLA in writing (save in respect of Conditions 10.3.1 and 10.3.2, where notification is required to be given through OPS):
10.3.1 immediately once a Milestone the Land Acquisition Date (as described in limb (a) of the definition of Land Acquisition Date), Start on Site (as applicable) and Practical Completion has been achieved occurred with respect to each Named Project; ;
10.3.2 immediately, in the event of the receipt by it of any other Public Sector Funding Subsidy or guarantees of it, or the offer of the same, in respect of a Named Project (or any part of it) beyond any amount of Public Sector Subsidy notified to the GLA by the Grant Recipient pursuant to Condition 5.1 or Condition 8.2;
10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
10.3.4 of any other event or circumstance in relation the Named Project as the GLA may reasonably require from time to time and within such timeframes as the GLA may reasonably require.
10.4 Without prejudice to Condition 10.1, the Grant Recipient must in operating and administering the Named Project after Practical Completion:
10.4.1 not use the AHP Dwellings for any purpose other than the Agreed Purposes without the GLA's prior written consent;
10.4.2 subject always to compliance with the applicable Benchmark Rent Level, not charge a higher initial rent in relation to a LAR Dwelling than the London Affordable Rent as set out in the relevant Named Project Details and ensure that such rent continues to be set and charged in accordance with the criteria of the London Affordable Rent;
10.4.3 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) Dwelling continues to be: i
(i) set and charged in accordance with the criteria of the London Living Rent; Rent and ii (ii) increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and;
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); 10.4.4 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR LAR Dwellings; ;
10.4.5 comply with the Tenancy Standard in respect of the SR LAR Dwellings and the LLR Dwellings; ;
10.4.6 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient in relation to an AHP Dwelling;; and
(c) the purpose, target group (including any eligibility requirement)group, letting, rents, management or disposal of SR LAR Dwellings and/or LLR Dwellings (as applicable); andDwellings;
(d) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; ;
10.4.7 comply at its own cost with the GLA's requirements in relation to Compliance Audit; ;
10.4.8 in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner);
10.4.9 in relation to each LAR Dwelling use the most appropriate form of tenancy having regard to the terms of the Tenancy Standard and the efficient use of public funds; and
10.4.10 ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. .
10.5 The Grant Recipient shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. .
10.6 In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. .
10.7 The Grant Recipient must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: here:▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. .
10.8 The Grant Recipient must on the initial letting of LAR Dwellings offer through the Housing Moves service at least 5% of LAR Dwellings on each Site and at least 10% on each Site comprising 150 dwellings or more (or such other percentages notified in either case by the GLA to the Grant Recipient from time to time following consultation).
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 11 10 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
10.10 Notwithstanding any other provision of this Agreement the Grant Recipient shall, unless otherwise agreed by the GLA, remain liable and responsible for the performance of its obligations under this Agreement in relation to each AHP Dwelling.
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations. In delivering the Named Projects and in operating and administering the Named Project after Practical Completion, the Grant Recipient Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Affordable Housing Capital Funding Guide, the Recovery Determination and the Consents. immediately once a Milestone has been achieved with respect to each Named Project; immediately, in the event of the receipt by it of any other Public Sector Funding or guarantees of it, or the offer of the same, in respect of a Named Project (or subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent in relation to a LLR Dwelling than the London Living Rent as set out in the relevant Named Project Details, review the LLR Rent Levels each Financial Year and ensure that the rent for each LLR Dwelling:
(a) continues to be: i set and charged in accordance with the criteria of the London Living Rent; and ii increased by no more than the percentage increase in CPI over the twelve (12) month period which ends three (3) calendar months prior to the relevant rent increase date; and
(b) on any re-let is set in accordance with the then applicable LLR Rent Level (or lower); subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SR Dwellings; comply with the Tenancy Standard in respect of the SR Dwellings and the LLR Dwellings; observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, applicable the SO Consultation OutcomeOutcome and, where the Relevant Consortium Member is an RP Provider, the RTSO Guidance) in relation to:
(a) any disposal of an SO Dwelling and ensure that such disposal takes effect only at arm's length and on market terms;
(b) (save where expressly agreed with the prior written consent of the GLA, in its absolute discretion) the form and content of any Shared Ownership Lease granted by or to be granted by the Grant Recipient Relevant Consortium Member in relation to an AHP Dwelling, including, where the Relevant Consortium Member is an RP Provider, through the Right to Shared Ownership;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or disposal of SR Dwellings and/or LLR Dwellings (as applicable);
(d) the operation of the Right to Shared Ownership (where the Relevant Consortium Member is an RP Provider); and
(de) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement; comply at its own cost with the GLA's requirements in relation to Compliance Audit; in relation to AHP Housing, participate in the CORE system from time to time (including recording any lettings made together with any sales of stock including outright sales and shared ownership sales but excluding any sales of additional equity to the current shared owner); ensure that all LLR Dwellings are made available solely to LLR Tenants as LLR Dwellings and ensure that prior to any change to that purpose or to any disposal they are offered for sale to the then current LLR Tenant; ensure that all SR Dwellings are made available on terms which comply with the applicable requirements of the Affordable Housing Capital Funding Guide, Legislation and any other relevant guidance issued by the Regulator (as any of the same may be amended or updated from time to time); comply with any Legislation, instructions, direction, conditions, regulations and guidance issued by any Regulatory Body which are in force and apply in England in relation to building safety. The Grant Recipient Relevant Consortium Member shall ensure that the GLA's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Grant Recipient Lead Partner from time to time or otherwise as included in the Affordable Housing Capital Funding Guide are observed and implemented in respect of each Named Project. In discharging its obligations or making any representation or warranty under this Agreement, the Grant Recipient each Consortium Member must act at all times with the utmost good faith, with the intent to deliver the Approved Bid and with proper regard to the need for efficiency in the use of public funds. The Grant Recipient Each Consortium Member must comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Bribery Act 2010 and comply with the GLA's anti-fraud and corruption policies, a copy of which is available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/about-us/governance-and-spending/good- governance/our-procedures, in each case as the GLA or the relevant industry body may update from time to time. Where the Grant Recipient a Consortium Member is aware that it is in breach of an obligation under this Condition 11 it must promptly notify the GLA of the fact and take all such steps as are appropriate in the circumstances to remedy the breach.
Appears in 1 contract
Sources: Consortium Grant Agreement