Operational Obligations. 14.1 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 he considers appropriate to inspect the operation of a Capital Firm Scheme, the provision of the Revenue Funding Support Services and to monitor compliance by the Grant Recipient with its obligations under this Agreement. 14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes. 14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself: 14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and 14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement. 14.4 The Grant Recipient must notify Homes England in writing (save in respect of Clause 14.4.1 (Operational Obligations) and Clause 14.4.2 (Operational Obligations) where, in each case, notification is required to be given through IMS): 14.4.1 immediately once the Acquisition Date has occurred; 14.4.2 immediately once Start on Site has occurred; 14.4.3 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 the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 4.2 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions); 14.4.4 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and 14.4.5 of any other event or circumstance in relation to a Firm Scheme as Homes England may reasonably require from time to time and within such timeframes as Homes England may reasonably require. 14.5 Without prejudice to Clause 12.1.1 (Delivery Obligations), the Grant Recipient must in operating and administering a Capital Firm Scheme after Capital Firm Scheme Completion: 14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents; 14.5.2 subject to Clause 23.1 (Repayment of Grant) not use the SHAP Dwellings without Homes England's prior written consent; (a) for any purpose other than the Agreed Purposes; or (b) to accommodate individuals from outside of the Agreed Client Group; 14.5.3 not charge a higher initial rent or service charge in relation to a SHAP Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable criteria and requirements of the Rent Standard and this Agreement; 14.5.4 comply with the Rent Standard in respect of the SHAP Dwellings (where applicable); 14.5.5 comply with the Tenancy Standard in respect of the SHAP Dwellings (to the extent applicable); 14.5.6 observe and comply with the requirements of the Capital Funding Guide in relation to: (a) the letting, management or Disposal of SHAP Dwellings; and (b) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement; 14.5.7 where so directed by Homes England, comply at its own cost with Homes England's requirements in relation to Compliance Audit; 14.5.8 in relation to Programme Housing, participate in the CORE system from time to time (including recording any lettings made); 14.5.9 in relation to each SHAP Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, and the efficient use of public funds;
Appears in 3 contracts
Sources: Grant Agreement, Grant Agreement, Grant Agreement
Operational Obligations. 10.1 In delivering the Named 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.
14.1 10.2 The Grant Recipient shall procure that Homes Englandthe GLA's Representative (or any person nominated by themhim) 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 operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 10.3 The Grant Recipient must notify Homes England the GLA in writing (save in respect of Clause 14.4.1 (Operational Obligations) Conditions 10.3.1 and Clause 14.4.2 (Operational Obligations) where10.3.2, in each case, where notification is required to be given through IMSOPS):
14.4.1 immediately once the Acquisition Date has occurred;
14.4.2 10.3.1 immediately once Start on Site and Practical Completion has occurredoccurred with respect to each Named Project;
14.4.3 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 the Capital Firm Scheme a Named Project (or any part of it) beyond any amount of Public Sector Funding Subsidy notified to Homes England the GLA by the Grant Recipient pursuant to Clause 4.2 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) Condition 5.1 or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions)Condition 8.2;
14.4.4 10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
14.4.5 10.3.4 of any other event or circumstance in relation to a Firm Scheme the Named Project as Homes England the GLA may reasonably require from time to time and within such timeframes as Homes England the GLA may reasonably require.
14.5 10.4 Without prejudice to Clause 12.1.1 (Delivery Obligations)Condition 10.1, the Grant Recipient must in operating and administering a Capital Firm Scheme the Named Project after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 subject to Clause 23.1 (Repayment of Grant) 10.4.1 not use the SHAP AHP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of Purposes without the Agreed Client GroupGLA's prior written consent;
14.5.3 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 or service charge in relation to a SHAP Dwelling than the rent set out in limb (a) of the definition of London Affordable Rent (and detailed in the relevant Capital Firm Scheme Details Named Project Details) and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable relevant criteria and requirements of the Benchmark Rent Standard and this AgreementLevel;
14.5.4 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 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;
10.4.4 not charge a higher initial rent in relation to a LAR Dwelling let or to be let at an Affordable Rent than set out in the relevant Named Project Details;
10.4.5 subject to any contrary requirement of Legislation comply with the Rent Standard Guidance in respect of the SHAP Dwellings (where applicable)AHP Rent Dwellings;
14.5.5 10.4.6 comply with the Tenancy Standard in respect of the SHAP AHP Rent Dwellings (to and the extent applicable)LLR Dwellings;
14.5.6 10.4.7 observe and comply with the requirements of the Affordable Housing Capital Funding Guide 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) 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, letting, rents, management or Disposal disposal of SHAP DwellingsAHP Rent Dwellings and/or LLR Dwellings (as applicable); and
(bd) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;.
14.5.7 where so directed by Homes England, 10.4.8 comply at its own cost with Homes Englandthe GLA's requirements in relation to Compliance Audit;
14.5.8 10.4.9 in relation to Programme AHP Housing, participate in the CORE system from time to time (including recording any lettings mademade 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);
14.5.9 10.4.10 in relation to each SHAP AHP Rent Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, 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 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).
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 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:▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/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 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
Sources: Grant Agreement, Grant Agreement
Operational Obligations. 10.1 In delivering the Named 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.
14.1 10.2 The Grant Recipient shall procure that Homes Englandthe GLA's Representative (or any person nominated by themhim) 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 operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 10.3 The Grant Recipient must notify Homes England the GLA in writing (save in respect of Clause 14.4.1 (Operational Obligations) Conditions 10.3.1 and Clause 14.4.2 (Operational Obligations) where10.3.2, in each case, where notification is required to be given through IMSOPS):
14.4.1 immediately once the Acquisition Date has occurred;
14.4.2 10.3.1 immediately once Start on Site and Practical Completion has occurredoccurred with respect to each Named Project;
14.4.3 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 the Capital Firm Scheme a Named Project (or any part of it) beyond any amount of Public Sector Funding Subsidy notified to Homes England the GLA by the Grant Recipient pursuant to Clause 4.2 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) Condition 5.1 or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions)Condition 8.2;
14.4.4 10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
14.4.5 10.3.4 of any other event or circumstance in relation to a Firm Scheme the Named Project as Homes England the GLA may reasonably require from time to time and within such timeframes as Homes England the GLA may reasonably require.
14.5 10.4 Without prejudice to Clause 12.1.1 (Delivery Obligations)Condition 10.1, the Grant Recipient must in operating and administering a Capital Firm Scheme the Named Project after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 subject to Clause 23.1 (Repayment of Grant) 10.4.1 not use the SHAP AHP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of Purposes without the Agreed Client GroupGLA's prior written consent;
14.5.3 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 or service charge in relation to a SHAP Dwelling than the rent set out in limb (a) of the definition of London Affordable Rent (and detailed in the relevant Capital Firm Scheme Details Named Project Details) and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable relevant criteria and requirements of the Benchmark Rent Standard and this AgreementLevel;
14.5.4 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 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;
10.4.4 not charge a higher initial rent in relation to a LAR Dwelling let or to be let at an Affordable Rent than set out in the relevant Named Project Details;
10.4.5 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SHAP Dwellings (where applicable)AHP Rent Dwellings;
14.5.5 10.4.6 comply with the Tenancy Standard in respect of the SHAP AHP Rent Dwellings (to and the extent applicable)LLR Dwellings;
14.5.6 10.4.7 observe and comply with the requirements of the Affordable Housing Capital Funding Guide 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) 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, letting, rents, management or Disposal disposal of SHAP DwellingsAHP Rent Dwellings and/or LLR Dwellings (as applicable); and
(bd) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;.
14.5.7 where so directed by Homes England, 10.4.8 comply at its own cost with Homes Englandthe GLA's requirements in relation to Compliance Audit;
14.5.8 10.4.9 in relation to Programme AHP Housing, participate in the CORE system from time to time (including recording any lettings mademade 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);
14.5.9 10.4.10 in relation to each SHAP AHP Rent Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, 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 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).
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 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: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/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 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
Sources: Grant Agreement, Grant Agreement
Operational Obligations. 10.1 In delivering the Named 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.
14.1 10.2 The Grant Recipient shall procure that Homes Englandthe GLA's Representative (or any person nominated by themhim) 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 operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 10.3 The Grant Recipient must notify Homes England the GLA in writing (save in respect of Clause 14.4.1 (Operational Obligations) Conditions 10.3.1 and Clause 14.4.2 (Operational Obligations) where10.3.2, in each case, where notification is required to be given through IMSOPS):
14.4.1 immediately once the Acquisition Date has occurred;
14.4.2 10.3.1 immediately once Start on Site and Practical Completion has occurredoccurred with respect to each Named Project;
14.4.3 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 the Capital Firm Scheme a Named Project (or any part of it) beyond any amount of Public Sector Funding Subsidy notified to Homes England the GLA by the Grant Recipient pursuant to Clause 4.2 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) Condition 5.1 or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions)Condition 8.2;
14.4.4 10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
14.4.5 10.3.4 of any other event or circumstance in relation to a Firm Scheme the Named Project as Homes England the GLA may reasonably require from time to time and within such timeframes as Homes England the GLA may reasonably require.
14.5 10.4 Without prejudice to Clause 12.1.1 (Delivery Obligations)Condition 10.1, the Grant Recipient must in operating and administering a Capital Firm Scheme the Named Project after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 subject to Clause 23.1 (Repayment of Grant) 10.4.1 not use the SHAP AHP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of Purposes without the Agreed Client GroupGLA's prior written consent;
14.5.3 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 or service charge in relation to a SHAP Dwelling than the rent set out in limb (a) of the definition of London Affordable Rent (and detailed in the relevant Capital Firm Scheme Details Named Project Details) and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable relevant criteria and requirements of the Benchmark Rent Standard and this AgreementLevel;
14.5.4 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 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;
10.4.4 not charge a higher initial rent in relation to a LAR Dwelling let or to be let at an Affordable Rent than set out in the relevant Named Project Details;
10.4.5 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SHAP Dwellings (where applicable)AHP Rent Dwellings;
14.5.5 10.4.6 comply with the Tenancy Standard in respect of the SHAP AHP Rent Dwellings (to and the extent applicable)LLR Dwellings;
14.5.6 10.4.7 observe and comply with the requirements of the Affordable Housing Capital Funding Guide 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) 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, letting, rents, management or Disposal disposal of SHAP DwellingsAHP Rent Dwellings and/or LLR Dwellings (as applicable); and
(bd) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;.
14.5.7 where so directed by Homes England, 10.4.8 comply at its own cost with Homes Englandthe GLA's requirements in relation to Compliance Audit;
14.5.8 10.4.9 in relation to Programme AHP Housing, participate in the CORE system from time to time (including recording any lettings mademade 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);
14.5.9 10.4.10 in relation to each SHAP AHP Rent Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, 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 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).
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 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:▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/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 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
Sources: Grant Agreement, Grant Agreement
Operational Obligations. 11.1 In Delivering a Firm Scheme and in operating and administering the Firm Scheme after Firm Scheme Completion, the Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination and the Consents.
14.1 11.2 The Grant Recipient Relevant Consortium Member 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 he considers they consider appropriate to inspect the operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Firm Scheme and to monitor compliance by the Grant Recipient Relevant Consortium Member with its obligations under this Agreement.
14.2 11.3 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient Consortium Members shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the itself that sufficient progress is being made against the Approved Capital Bid pursuant to the terms of this Agreement and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is Consortium Members are complying with the terms and conditions of this Agreement.
14.4 11.4 The Grant Recipient Relevant Consortium Member must notify Homes England in writing (save in respect of Clause 14.4.1 clause 11.4.1 (Operational Obligations) and Clause 14.4.2 (Operational Obligations) where), in each case, where notification is required to be given through IMSIMS by the Lead Partner):
14.4.1 immediately once the Acquisition Date has occurred;
14.4.2 11.4.1 immediately once Start on Site has occurred;
14.4.3 11.4.2 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 the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient Lead Partner pursuant to Clause 4.2 clause 5.1 (Capital Firm Schemes), Clause 8.2 clause 9.2 (Capital Firm Scheme substitution and additions) or Clause 8.9 clause 9.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions);
14.4.4 11.4.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
14.4.5 11.4.4 of any other event or circumstance in relation to a the Firm Scheme as Homes England may reasonably require from time to time and within such timeframes as Homes England may reasonably require.
14.5 11.5 Without prejudice to Clause 12.1.1 clause 11.1 (Delivery Operational Obligations), the Grant Recipient Relevant Consortium Member must in operating and administering a Capital Firm Scheme after Capital Firm Scheme Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 11.5.1 subject to Clause 23.1 clause 18.1 (Repayment of Grant) not use the SHAP AHP Dwellings for any purpose other than the Agreed Purposes without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of the Agreed Client Group;
14.5.3 11.5.2 not charge a higher initial rent or service charge in relation to an AHP Rent Dwelling or a SHAP Rent to Buy Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable criteria and requirements of the Rent Standard and this AgreementDetails;
14.5.4 11.5.3 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SHAP Dwellings (where applicable)AHP Rent Dwellings;
14.5.5 11.5.4 comply with the Tenancy Standard in respect of the SHAP AHP Rent Dwellings (and Rent to the extent applicable)Buy Dwellings;
14.5.6 11.5.5 observe and comply with the requirements of the Capital Funding Guide (and where applicable, the SO Consultation Outcome and the RTSO Guidance) in relation to:
(a) any disposal of the Shared Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by Relevant Consortium Member in relation to an AHP Dwelling;
(c) the letting, management or Disposal disposal of SHAP AHP Rent Dwellings; and;
(bd) the purpose, client group, letting, rents, management and disposals of Rent to Buy Dwellings;
(e) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement; and
(f) the operation of the Right to Shared Ownership (where the Relevant Consortium Member is an RP Provider);
14.5.7 where so directed by Homes England, 11.5.6 comply at its own cost with Homes England's requirements in relation to Compliance Audit;
14.5.8 11.5.7 in relation to Programme AHP Housing, participate in the CORE system from time to time (including recording any lettings mademade 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);
14.5.9 11.5.8 in relation to each SHAP AHP Rent Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, Standard and the efficient use of public funds;
11.5.9 ensure that it participates in any Home Ownership Agency Arrangements where any Firm Scheme includes Shared Ownership Dwellings or Rent to Buy Dwellings;
11.5.10 not seek possession of any Shared Ownership Dwelling on the basis of ▇▇▇▇▇▇ ▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇;
11.5.11 ensure that all Rent to Buy Dwellings are made available as Rent to 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 Rent to Buy Tenant in occupation;
11.5.12 comply with any Legislation, regulations and guidance issued by any Regulatory Body which is in force and/or applies in England in relation to building safety; and
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations. 14.1 In Delivering the Capital Firm Scheme and in operating and administering the Capital Firm Scheme after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination and the Consents.
14.1 14.2 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 he considers appropriate to inspect the operation progress of a the Capital Firm Scheme, the provision of the Revenue Funding Support Services Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 14.3 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, Bid or the First Approved Revenue Funding Schemes Bid or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Approved Revenue Funding Scheme Details in respect of the First Revenue Funding SchemesBid.
14.3 14.4 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 14.4.1 with the progress against the Approved Capital Bid and the Approved Revenue Funding Schemes Bid (if any) including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital BidBid or Approved Revenue Bid (as applicable); and
14.3.2 14.4.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 14.5 The Grant Recipient must notify Homes England in writing (save in respect of Clause 14.4.1 14.5.1 (Operational Obligations) and Clause 14.4.2 14.5.2 (Operational Obligations) where, in each case, notification is required to be given through IMS):
14.4.1 14.5.1 immediately once the Acquisition Date has occurred;
14.4.2 14.5.2 immediately once the Start on Site Date has occurred;
14.4.3 14.5.3 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 the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 4.2 4.1 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 Clause
9.1 (Revenue Funding Firm Schemes), Clause 11.2 11.1 (Revenue Funding Firm Scheme additions) or Clause 11.3 (Revenue Funding Firm Scheme additions);
14.4.4 14.5.4 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
14.4.5 14.5.5 of any other event or circumstance in relation to a the Firm Scheme as Homes England may reasonably require from time to time and within such timeframes as Homes England may reasonably require.
14.5 14.6 Without prejudice to Clause 12.1.1 14.1 (Delivery Operational Obligations), the Grant Recipient must in operating and administering a the Capital Firm Scheme after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 14.6.1 subject to Clause 23.1 (Repayment of Grant) not use the SHAP RSAP Dwellings for any purpose other than the Agreed Purposes without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of the Agreed Client Group;
14.5.3 14.6.2 not charge a higher initial rent or service charge in relation to a SHAP RSAP Rent Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable criteria and requirements of the Rent Standard and this AgreementDetails;
14.5.4 14.6.3 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SHAP Dwellings (where applicable)RSAP Rent Dwellings;
14.5.5 14.6.4 comply with the Tenancy Standard in respect of the SHAP Dwellings (to the extent applicable)RSAP Rent Dwellings;
14.5.6 14.6.5 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) the letting, management or Disposal of SHAP RSAP Rent Dwellings; and
(b) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;
14.5.7 where so directed by Homes England, 14.6.6 comply at its own cost with Homes England's requirements in relation to Compliance Audit;
14.5.8 14.6.7 in relation to Programme RSAP Housing, participate in the CORE system from time to time (including recording any lettings made);
14.5.9 14.6.8 in relation to each SHAP RSAP Rent Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, Standard and the efficient use of public funds;
14.6.9 ensure that each RSAP Rent Dwelling which is not a new-build development is made available as an RSAP Rent Dwelling for a period of not less than thirty
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations. 11.1 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.
14.1 11.2 The Grant Recipient shall procure that Homes Englandthe GLA's Representative (or any person nominated by themhim) 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 they consider appropriate to inspect the operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 11.3 The Grant Recipient must notify Homes England the GLA in writing (save in respect of Clause 14.4.1 (Operational Obligations) Conditions 11.3.1 and Clause 14.4.2 (Operational Obligations) where11.3.2, in each case, where notification is required to be given through IMSOPS):
14.4.1 11.3.1 immediately once the Acquisition Date a Milestone has occurredbeen achieved with respect to each Named Project;
14.4.2 immediately once Start on Site has occurred;
14.4.3 11.3.2 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 the Capital Firm Scheme a Named Project (or any part of it) beyond any amount of Public Sector Funding notified to Homes England the GLA by the Grant Recipient pursuant to Clause 4.2 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) Condition 6.1 or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions)Condition 9.2;
14.4.4 11.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
14.4.5 11.3.4 promptly of any Restructure relating to the Grant Recipient which it anticipates will occur in the next following six month period;
11.3.5 promptly of any Change in Control relating to the Grant Recipient which it anticipates will occur in next following six month period;
11.3.6 in the case of the Grant Recipient being a Profit Making Organisation, promptly of any change in the board of management of the Grant Recipient;
11.3.7 of any other event or circumstance in relation to a Firm Scheme the Named Project as Homes England the GLA may reasonably require from time to time and within such timeframes as Homes England the GLA may reasonably require; and
11.3.8 immediately as soon as the Grant Recipient becomes aware that the Additionality Condition or the Affordable Percentage Condition will no longer be satisfied.
14.5 11.4 Without prejudice to Clause 12.1.1 (Delivery Obligations)Condition 11.1, the Grant Recipient must in operating and administering a Capital Firm Scheme the Named Project after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 subject to Clause 23.1 (Repayment of Grant) 11.4.1 not use the SHAP AHP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of Purposes without the Agreed Client GroupGLA's prior written consent;
14.5.3 11.4.2 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent or service charge in relation to a SHAP LLR Dwelling than the London Living Rent as set out in the relevant Capital Firm Scheme Details Named Project Details, review the LLR Rent Levels each Financial Year and ensure that such the rent and service charge is set and for each LLR Dwelling:
(a) continues to be be: i set and charged in accordance with the applicable criteria and requirements 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 Standard and this AgreementLevel (or lower);
14.5.4 11.4.3 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SHAP SR Dwellings and the AR Dwellings (where to the extent applicable);
14.5.5 11.4.4 comply with the Tenancy Standard in respect of the SHAP SR Dwellings, AR Dwellings and the LLR Dwellings (to the extent applicable);
14.5.6 11.4.5 observe and comply with the requirements of the Affordable Housing Capital Funding Guide (and where applicable, the SO Consultation Outcome 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 ▇▇▇ ▇▇▇▇▇▇▇▇, including through the Right to Shared Ownership;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or Disposal disposal of SHAP DwellingsAHP Rent Dwellings and/or LLR Dwellings (as applicable); and
(bd) the operation of the Right to Shared Ownership; and
(e) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
14.5.7 where so directed by Homes England, 11.4.6 comply at its own cost with Homes Englandthe GLA's requirements in relation to Compliance Audit;
14.5.8 11.4.7 in relation to Programme AHP Housing, participate in the CORE system from time to time (including recording any lettings mademade 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);
14.5.9 11.4.8 in relation to each SHAP AHP Rent Dwelling use the most appropriate form of tenancy (or licence (as set out in the Capital Funding Guidecase of an SSH Dwelling or CHAP Dwelling and where agreed by the GLA in its absolute discretion in OPS, licence) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, Standard and the efficient use of public funds;
11.4.9 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;
11.4.10 ensure that all AHP Rent 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);
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 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 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.
11.8 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.
11.9 In relation to any SSH Project the Grant Recipient acknowledges and agrees that:
11.9.1 each SSH Dwelling must solely be disposed of or let to (as applicable) individuals which fall within the Agreed Client Group;
11.9.2 where the Named Project Details identify that SSH Revenue Funding is committed to the SSH Project:
(a) the Grant Recipient must secure the relevant SSH Revenue Funding within such timescales as may be necessary to deliver the Agreed Support Services in accordance with the Named Project Details; and
(b) if any body which has committed the SSH Revenue Funding withdraws or reduces (or the Grant Recipient believes they are likely to withdraw or reduce) such SSH Revenue Funding, the Grant Recipient must: i promptly notify the GLA; ii without prejudice to the GLA's rights under Conditions 17, 18 and 19 (and without any expectation that the GLA would provide further funding) the parties will work together to identify whether: A the SSH Project can still be delivered in accordance with this Agreement; or B alternative arrangements can be made to allow the SSH Project or a substantially similar project to be delivered, and the Grant Recipient will promptly co-operate with the GLA in respect of any discussions or arrangements undertaken pursuant to Condition 11.9.2(b) and will amend the Named Project Details on OPS accordingly and/or document and effect any alternative arrangements agreed by such other means as the GLA may determine.
11.9.3 will comply with any requirements of Section 5 of the Affordable Housing Capital Funding Guide which apply from time to time to any SSH Project; and
11.9.4 will provide the GLA with Exemption Evidence prior to the occupation of any SSH Dwelling or CHAP Dwelling which comprises Exempt Accommodation.
11.10 The parties acknowledge that in setting an Affordable Rent Level in respect of any SSH Dwelling, it may not be possible for the Grant Recipient to identify a comparable market rent for an equivalent property of the relevant size and location (an Equivalent Property) in the Broad Market Rental Area. In such a case the Grant Recipient will submit to the GLA a comparable market rent based on Equivalent Properties in alternative comparator areas (the Alternative Market Rent). If the GLA (acting reasonably) does not approve the Grant Recipient's proposed Alternative Market Rent, the Grant Recipient will engage a valuer to identify a comparable market rent from areas outside the Broad Market Rental Area and determine the market rent that will be applicable to the SSH Dwelling in the Broad Market Rental Area (the Comparable Market Rent). In the circumstance contemplated in this Condition 11.10 the Grant Recipient should set the Affordable Rent Level by reference to the Comparable Market Rent.
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations. 10.1 In delivering the Firm Scheme and in operating and administering the Firm Scheme after Practical Completion, the Grant Recipient must:
14.1 10.1.1 observe and comply with Legislation and the applicable terms of the Capital Funding Guide;
10.1.2 use its reasonable endeavours to deliver the commitments and/or proposals outlined in the Statements.
10.2 The Grant Recipient shall procure that Homes Englandthe Agency's Representative (or any person nominated by themhim) 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 operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 10.3 The Grant Recipient must notify Homes England the Agency in writing (save in respect of Clause 14.4.1 Condition 10.3.1 (Operational Obligations) and Clause 14.4.2 (Operational Obligations) whereobligations), in each case, where notification is required to be given through IMS):
14.4.1 10.3.1 immediately once the Acquisition Start on Site Date has occurred;
14.4.2 immediately once Start on Site has occurred;
14.4.3 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 the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding Subsidy notified to Homes England the Agency by the Grant Recipient pursuant to Clause 4.2 Condition 5.1 (Capital Firm Schemes), Clause Condition 8.2 (Capital Firm Scheme substitution and additions) or Clause 8.9 Condition 8.8 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions);
14.4.4 10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
14.4.5 10.3.4 of any other event or circumstance in relation to a the Firm Scheme as Homes England the Agency may reasonably require from time to time and within such timeframes as Homes England the Agency may reasonably require.
14.5 10.4 Without prejudice to Clause 12.1.1 Condition 10.1 (Delivery Operational Obligations), the Grant Recipient must in operating and administering a Capital the Firm Scheme after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 subject to Clause 23.1 (Repayment of Grant) 10.4.1 not use the SHAP AHP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of Purposes without the Agreed Client GroupAgency's prior written consent;
14.5.3 10.4.2 not charge a higher initial rent or service charge in relation to a SHAP Social Rent Dwelling or Affordable Rent Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable criteria and requirements of the Rent Standard and this AgreementDetails;
14.5.4 10.4.3 comply with the Regulator's Tenancy Standard and the Rent Standard Guidance in respect of the SHAP Social Rent Dwellings (where applicable)and the Affordable Rent Dwellings;
14.5.5 comply with the Tenancy Standard in respect of the SHAP Dwellings (to the extent applicable);
14.5.6 10.4.4 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) any disposal of the Affordable Home Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) 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 letting, management or Disposal disposal of SHAP Social Rent Dwellings and/or the Affordable Rent Dwellings; and;
(bd) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;.
14.5.7 where so directed by Homes England, 10.4.5 comply at its own cost with Homes Englandthe Agency's requirements in relation to Compliance Audit;
14.5.8 10.4.6 in relation to Programme AHP Housing, participate in the CORE system from time to time (including recording any lettings made)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) and complete the "Initial Sales" data screens on IMS promptly following the sale of any Affordable Home Ownership Dwelling;
14.5.9 10.4.7 in relation to each SHAP Social Rent Dwelling and Affordable Rent Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, Standard and the efficient use of public funds;
10.4.8 save where the Agency agrees otherwise, procure on any Disposal a written acknowledgement from the disponee in favour of the Agency that the amount of Firm Scheme Grant allocated to the property comprised in the Disposal pursuant to this Agreement in social housing assistance received by it for the purposes of Section 33(7) of the HRA 2008;
10.4.9 provide written notification to the Agency of any Disposal within ten (10) Business Days of such Disposal taking place; and
10.4.10 provide the Agency with such information (and within such timescales) as the Agency may reasonably require to enable the Agency to monitor compliance by the Grant Recipient with its obligations under this Agreement.
10.5 The Grant Recipient shall ensure that the Agency'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 Capital Funding Guide are observed and implemented in respect of each Firm Scheme.
10.6 The Grant Recipient shall:
10.6.1 use its reasonable endeavours to complete the Permitted Conversions in accordance with the timescale projected for such Permitted Conversions in the Approved Bid; and
10.6.2 not convert more dwellings let at a Social Rent within its housing stock to Affordable Rent beyond the number required to create the Conversion Capacity; and
10.6.3 not dispose of more dwellings let at a Social Rent within its housing stock on Affordable Home Ownership or market sale terms than are required to create the Conversion Capacity save that nothing in this Condition 10.6.3 (Operational Obligations) is intended to preclude the Grant Recipient from making such other Disposals from its stock as:
(a) are consistent with its corporate asset management strategies from time to time; and
(b) are consented to by the Secretary of State for Communities and Local Government.
10.7 In discharging its obligations 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.
10.8 The Grant Recipient must:
10.8.1 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 (Requirements);
10.8.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
10.8.3 comply with the Agency's ethical, anti-bribery and anti-corruption policies, a copy of which is available here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/ethical- policies, in each case as the Agency or the relevant industry body may update from time to time (Relevant Policies);
10.8.4 have and maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Requirements, the Relevant Policies and Condition 10.8.2 (Operational Obligations), and will enforce them where appropriate; and
10.8.5 immediately report to the Agency's Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by the Grant Recipient in connection with the performance of this Agreement.
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 10 (Operational Obligations) it must promptly notify the Agency 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.
14.1 10.1 In delivering the Firm Scheme and in operating and administering the Firm Scheme after Practical Completion, the Relevant Consortium Member must:
10.1.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination; and
10.1.2 use its reasonable endeavours to deliver the commitments and/or proposals outlined in the Statements.
10.2 The Grant Recipient Relevant Consortium Member shall procure that Homes Englandthe Agency's Representative (or any person nominated by themhim) 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 operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Firm Scheme and to monitor compliance by the Grant Recipient Relevant Consortium Member with its obligations under this Agreement.
14.2 10.3 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 The Grant Recipient Relevant Consortium Member must notify Homes England the Agency in writing (save in respect of Clause 14.4.1 Condition 10.3.1 (Operational Obligations) and Clause 14.4.2 (Operational Obligations) whereobligations), in each case, where notification is required to be given through IMS):
14.4.1 10.3.1 immediately once the Acquisition Start on Site Date has occurred;
14.4.2 immediately once Start on Site has occurred;
14.4.3 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 the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding Subsidy notified to Homes England the Agency by the Grant Recipient Lead Partner pursuant to Clause 4.2 Condition 5.1 (Capital Firm Schemes), Clause Condition 8.2 (Capital Firm Scheme substitution and additions) or Clause Condition 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions);
14.4.4 10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
14.4.5 10.3.4 of any other event or circumstance in relation to a the Firm Scheme as Homes England the Agency may reasonably require from time to time and within such timeframes as Homes England the Agency may reasonably require.
14.5 10.4 Without prejudice to Clause 12.1.1 Condition 10.1 (Delivery Operational Obligations), the Grant Recipient Relevant Consortium must in operating and administering a Capital the Firm Scheme after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 10.4.1 subject to Clause 23.1 Condition 17.1 (Repayment of Grant) not use the SHAP AHP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of Purposes without the Agreed Client GroupAgency's prior written consent;
14.5.3 10.4.2 not charge a higher initial rent or service charge in relation to a SHAP Social Rent Dwelling or Affordable Rent Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues to be set and charged in accordance Details;
10.4.3 comply with the applicable criteria and requirements of the Rent Regulator's Tenancy Standard and this Agreement;
14.5.4 comply with the Rent Standard in respect of the SHAP Social Rent Dwellings (where applicable)and the Affordable Rent Dwellings;
14.5.5 comply with the Tenancy Standard in respect of the SHAP Dwellings (to the extent applicable);
14.5.6 10.4.4 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) any disposal of the Affordable Home Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Shared Ownership Lease granted by or to be granted by the Relevant Consortium Member in relation to an AHP Dwelling; and
(c) the letting, management or Disposal disposal of SHAP Social Rent Dwellings and/or the Affordable Rent Dwellings; and;
(bd) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;.
14.5.7 where so directed by Homes England, 10.4.5 comply at its own cost with Homes Englandthe Agency's requirements in relation to Compliance Audit;
14.5.8 10.4.6 in relation to Programme AHP Housing, participate in the CORE system from time to time (including recording any lettings made)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) and complete the "Initial Sales" data screens on IMS promptly following the sale of any Affordable Home Ownership Dwelling;
14.5.9 10.4.7 in relation to each SHAP Social Rent Dwelling and Affordable Rent Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, Standard and the efficient use of public funds.
10.5 The Relevant Consortium Member shall ensure that the Agency's requirements from time to time in relation to public relations and publicity for capital projects (including site signage) as notified to the lead Partner from time to time or otherwise as included in the Capital Funding Guide are observed and implemented in respect of each Firm Scheme.
10.6 Each Consortium Member shall:
10.6.1 use its reasonable endeavours to complete its proportion of the Permitted Conversions in accordance with the timescale projected for such Permitted Conversions in the Approved Bid; and
10.6.2 not convert more dwellings let at a Social Rent within its housing stock to Affordable Rent beyond the number required to create its Individual Conversion Capacity; and
10.6.3 not dispose of more dwellings let at a Social Rent within its housing stock on Affordable Home Ownership or market sale terms than are required to create its Individual Conversion Capacity save that nothing in this Condition 10.6.3 (Operational Obligations) is intended to preclude any Consortium Member from making such other disposals from its stock as:
(a) are consistent with its corporate asset management strategies from time to time; and
(b) are consented to by the Regulator.
10.7 In discharging its obligations under this Agreement, 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.
10.8 Each Consortium Member must:
10.8.1 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 (Requirements);
10.8.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
10.8.3 comply with the Agency's ethical, anti-bribery and anti-corruption policies, a copy of which is available here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/ethical- policies, in each case as the Agency or the relevant industry body may update from time to time (Relevant Policies);
10.8.4 have and maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Requirements, the Relevant Policies and Condition 10.8.2 (Operational Obligations), and will enforce them where appropriate; and
10.8.5 immediately report to the Agency's Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by it in connection with the performance of this Agreement.
10.9 Where any Consortium Member is aware that it is in breach of an obligation under this Condition 10 (Operational Obligations) it must promptly notify the Agency 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 Firm Scheme and in operating and administering the Firm Scheme after Practical Completion, the Grant Recipient must:
14.1 10.1.1 observe and comply with the Legislation, the applicable terms of the Capital Funding Guide and (subject to condition 17.12) the Recovery Determination;
10.1.2 use its reasonable endeavours to deliver the commitments and/or proposals outlined in the Statements.
10.2 The Grant Recipient shall procure that Homes Englandthe Agency's Representative (or any person nominated by themhim) 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 operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 10.3 The Grant Recipient must notify Homes England the Agency in writing (save in respect of Clause 14.4.1 Condition 10.3.1 (Operational Obligations) and Clause 14.4.2 (Operational Obligations) whereobligations), in each case, where notification is required to be given through IMS):
14.4.1 10.3.1 immediately once the Acquisition Start on Site Date has occurred;
14.4.2 immediately once Start on Site has occurred;
14.4.3 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 the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding Subsidy notified to Homes England the Agency by the Grant Recipient pursuant to Clause 4.2 Condition 5.1 (Capital Firm Schemes), Clause Condition 8.2 (Capital Firm Scheme substitution and additions) or Clause 8.9 Condition 8.8 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions);
14.4.4 10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
14.4.5 10.3.4 of any other event or circumstance in relation to a the Firm Scheme as Homes England the Agency may reasonably require from time to time and within such timeframes as Homes England the Agency may reasonably require.
14.5 10.4 Without prejudice to Clause 12.1.1 Condition 10.1 (Delivery Operational Obligations), the Grant Recipient must in operating and administering a Capital the Firm Scheme after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 subject to Clause 23.1 (Repayment of Grant) 10.4.1 not use the SHAP AHP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of Purposes without the Agreed Client GroupAgency's prior written consent;
14.5.3 10.4.2 not charge a higher initial rent or service charge in relation to a SHAP Social Rent Dwelling or Affordable Rent Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues to be set and charged in accordance Details;
10.4.3 comply with the applicable criteria and requirements of the Rent Regulator's Tenancy Standard and this Agreement;
14.5.4 comply with the Rent Standard in respect of the SHAP Social Rent Dwellings (where applicable)and the Affordable Rent Dwellings;
14.5.5 comply with the Tenancy Standard in respect of the SHAP Dwellings (to the extent applicable);
14.5.6 10.4.4 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) any disposal of the Affordable Home Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) 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 letting, management or Disposal disposal of SHAP Social Rent Dwellings and/or the Affordable Rent Dwellings; and;
(bd) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;.
14.5.7 where so directed by Homes England, 10.4.5 comply at its own cost with Homes Englandthe Agency's requirements in relation to Compliance Audit;
14.5.8 10.4.6 in relation to Programme AHP Housing, participate in the CORE system from time to time (including recording any lettings made)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) and complete the "Initial Sales" data screens on IMS promptly following the sale of any Affordable Home Ownership Dwelling;
14.5.9 10.4.7 in relation to each SHAP Social Rent Dwelling and Affordable Rent Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, Standard and the efficient use of public funds;
10.4.8 save where the Agency agrees otherwise, procure on any Disposal a written acknowledgement from the disponee in favour of the Agency that the amount of Firm Scheme Grant allocated to the property comprised in the Disposal pursuant to this Agreement in social housing assistance received by it for the purposes of Section 33(7) of the HRA 2008;
10.4.9 provide written notification to the Agency of any Disposal within ten (10) Business Days of such Disposal taking place; and
10.4.10 provide the Agency with such information (and within such timescales) as the Agency may reasonably require to enable the Agency to monitor compliance by the Grant Recipient with its obligations under this Agreement.
10.5 The Grant Recipient shall ensure that the Agency'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 Capital Funding Guide are observed and implemented in respect of each Firm Scheme.
10.6 The Grant Recipient shall:
10.6.1 use its reasonable endeavours to complete the Permitted Conversions in accordance with the timescale projected for such Permitted Conversions in the Approved Bid; and
10.6.2 not convert more dwellings let at a Social Rent within its housing stock to Affordable Rent beyond the number required to create the Conversion Capacity; and
10.6.3 not dispose of more dwellings let at a Social Rent within its housing stock on Affordable Home Ownership or market sale terms than are required to create the Conversion Capacity save that nothing in this Condition 10.6.3 (Operational Obligations) is intended to preclude the Grant Recipient from making such other Disposals from its stock as:
(a) are consistent with its corporate asset management strategies from time to time; and
(b) are consented to by the Regulator .
10.7 In discharging its obligations 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.
10.8 The Grant Recipient must:
10.8.1 comply with all applicable laws, statutes, regulations and codes relating to anti- bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (Requirements);
10.8.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ if such activity, practice or conduct had been carried out in the UK;
10.8.3 comply with the Agency's ethical, anti-bribery and anti-corruption policies, a copy of which is available here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/ethical- policies, in each case as the Agency or the relevant industry body may update from time to time (Relevant Policies);
10.8.4 have and maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, to ensure compliance with the Requirements, the Relevant Policies and Condition 10.8.2 (Operational Obligations), and will enforce them where appropriate; and
10.8.5 immediately report to the Agency's Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by the Grant Recipient in connection with the performance of this Agreement.
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 10 (Operational Obligations) it must promptly notify the Agency 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. 11.1 In Delivering a Firm Scheme and in operating and administering the Firm Scheme after Firm Scheme Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination and the Consents.
14.1 11.2 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 he considers they consider appropriate to inspect the operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 11.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the itself that sufficient progress is being made against the Approved Capital Bid pursuant to the terms of this Agreement and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 11.4 The Grant Recipient must notify Homes England in writing (save in respect of Clause 14.4.1 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
11.4.1 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.
11.5 Operational Obligations) and Clause 14.4.2 (Operational Obligations) where), in each case, where notification is required to be given through IMS):
14.4.1 immediately once the Acquisition Date has occurred;
14.4.2 11.5.1 immediately once Start on Site has occurred;
14.4.3 11.5.2 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 the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 4.2 5.1 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions);
14.4.4 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
14.4.5 of any other event or circumstance in relation to a Firm Scheme as Homes England may reasonably require from time to time and within such timeframes as Homes England may reasonably require.
14.5 Without prejudice to Clause 12.1.1 (Delivery Obligations), the Grant Recipient must in operating and administering a Capital Firm Scheme after Capital Firm Scheme Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 subject to Clause 23.1 (Repayment of Grant) not use the SHAP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of the Agreed Client Group;
14.5.3 not charge a higher initial rent or service charge in relation to a SHAP Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable criteria and requirements of the Rent Standard and this Agreement;
14.5.4 comply with the Rent Standard in respect of the SHAP Dwellings (where applicable);
14.5.5 comply with the Tenancy Standard in respect of the SHAP Dwellings (to the extent applicable);
14.5.6 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) the letting, management or Disposal of SHAP Dwellings; and
(b) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;
14.5.7 where so directed by Homes England, comply at its own cost with Homes England's requirements in relation to Compliance Audit;
14.5.8 in relation to Programme Housing, participate in the CORE system from time to time (including recording any lettings made);
14.5.9 in relation to each SHAP Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, and the efficient use of public funds;Clause
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations. 10.1 In delivering the Firm Scheme and in operating and administering the Firm Scheme after Practical Completion, the Relevant Consortium Member must observe and comply with Legislation, the applicable terms of the Capital Funding Guide, in the case of a RP Provider the Recovery Determination (to the extent applicable) and the Consents.
14.1 10.2 The Grant Recipient Relevant Consortium Member shall procure that Homes Englandthe Agency's Representative (or any person nominated by themhim) 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 operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Firm Scheme and to monitor compliance by the Grant Recipient Relevant Consortium Member with its obligations under this Agreement.
14.2 10.3 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 The Grant Recipient Relevant Consortium Member must notify Homes England the Agency in writing (save in respect of Clause 14.4.1 Condition 10.3.1 (Operational Obligations) and Clause 14.4.2 (Operational Obligations) whereobligations), in each case, where notification is required to be given through IMS):
14.4.1 10.3.1 immediately once the Acquisition Start on Site Date has occurred;
14.4.2 immediately once Start on Site has occurred;
14.4.3 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 the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding Subsidy notified to Homes England the Agency by the Grant Recipient Lead Partner pursuant to Clause 4.2 Condition 5.1 (Capital Firm Schemes), Clause Condition 8.2 (Capital Firm Scheme substitution and additions) or Clause Condition 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions);
14.4.4 10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
14.4.5 10.3.4 of any other event or circumstance in relation to a the Firm Scheme as Homes England the Agency may reasonably require from time to time and within such timeframes as Homes England the Agency may reasonably require.
14.5 10.4 Without prejudice to Clause 12.1.1 Condition 10.1 (Delivery Operational Obligations), the Grant Recipient Relevant Consortium Member must in operating and administering a Capital the Firm Scheme after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 10.4.1 subject to Clause 23.1 Condition 17.1 (Repayment of Grant) not use the SHAP SOAHP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of Purposes without the Agreed Client GroupAgency's prior written consent;
14.5.3 10.4.2 not charge a higher initial rent or service charge in relation to a SHAP SOAHP Rent Dwelling or a Rent to Buy Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues Details;
10.4.3 subject to be set and charged in accordance with the applicable criteria and requirements any contrary requirement of the Rent Standard and this Agreement;
14.5.4 Legislation comply with the Rent Standard (if a RP Provider) or Rent Guidance (if a LA Provider), in respect of the SHAP Dwellings (where applicable)SOAHP Rent Dwellings;
14.5.5 10.4.4 comply with the Tenancy Standard in respect of the SHAP SOAHP Rent Dwellings (and the Rent to the extent applicable)Buy Dwellings;
14.5.6 10.4.5 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) any Disposal of the Affordable Home Ownership Dwellings and ensure that such Disposal takes effect only at arm's length and on market terms;
(b) the form and content of any Help to Buy: Shared Ownership Lease granted by or to be granted by the Relevant Consortium Member in relation to a SOAHP Dwelling; and
(c) the letting, management or Disposal of SHAP SOAHP Rent Dwellings; and;
(bd) the purpose, client group, letting, rents, management and Disposals of Rent to Buy Dwellings;
(e) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;.
14.5.7 where so directed by Homes England, 10.4.6 comply at its own cost with Homes Englandthe Agency's requirements in relation to Compliance Audit;
14.5.8 10.4.7 in relation to Programme SOAHP Housing, participate in the CORE system from time to time (including recording any lettings mademade 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);
14.5.9 10.4.8 in relation to each SHAP SOAHP Rent Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, Standard and the efficient use of public funds.
10.4.9 ensure that it is party to a Help to Buy Agreement where any Firm Scheme includes Affordable Home Ownership Dwellings or Rent to Buy Dwellings;
10.4.10 not seek possession of any Affordable Home Ownership Dwelling on the basis of ▇▇▇▇▇▇ ▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇;
10.4.11 ensure that all Rent to Buy Dwellings are made available as Rent to Buy Dwellings for a period of not less than 5 (five) 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 Rent to Buy Tenant; and
10.5 In relation to any LA Scheme, the Relevant Consortium Member must without prejudice to Condition 10.1 (Operational Obligations):
10.5.1 save where the Agency agrees otherwise, procure on any Disposal a written acknowledgement from the disponee in favour of the Agency that the amount of Firm Scheme Grant allocated to the property comprised in the Disposal pursuant to this Agreement is social housing assistance received by it for the purposes of Section 33(7) of the HRA 2008;
10.5.2 provide written notification to the Agency of any Disposal within ten (10) Business Days of such Disposal taking place; and
10.5.3 provide the Agency with such information (and within such timescales) as the Agency may reasonably require to enable the Agency to monitor compliance by the Relevant Consortium Member with its obligations under this Agreement.
10.6 The Relevant Consortium Member shall ensure that the Agency's requirements from time to time in relation to public relations and publicity for capital projects (including Site signage) as notified to the Lead Partner from time to time or otherwise as included in the Capital Funding Guide are observed and implemented in respect of each Firm Scheme.
10.7 Each Consortium Member shall:
10.7.1 use its reasonable endeavours to complete its proportion of the Permitted Conversions in accordance with the timescale projected for such Permitted Conversions in the Approved Bid; and
10.7.2 not convert more dwellings let at a Social Rent within its housing stock to Affordable Rent beyond the number required to create its Individual Conversion Capacity; and
10.7.3 not dispose of more dwellings let at a Social Rent within its housing stock on Affordable Home Ownership or market sale terms than are required to create its Individual Conversion Capacity save that nothing in this Condition 10.7.3 (Operational Obligations) is intended to preclude any Consortium Member from making such other disposals from its stock as:
(a) are consistent with its corporate asset management strategies from time to time; and
(b) are consented to by: ii the Secretary of State for Communities and Local Government (or any successor) in relation to a LA Scheme.
10.8 In discharging its obligations under this Agreement, 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.
10.9 Each Consortium Member must:
10.9.1 comply with all applicable laws, statutes, regulations and codes relating to anti- bribery and anti-corruption including but not limited to the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (Requirements);
10.9.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ if such activity, practice or conduct had been carried out in the UK;
10.9.3 comply with the Agency's ethical, anti-bribery and anti-corruption policies, a copy of which is available here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/ethical- policies, in each case as the Agency or the relevant industry body may update from time to time (Relevant Policies);
10.9.4 have and maintain in place throughout the duration of this Agreement its own policies and procedures, including but not limited to adequate procedures under the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, to ensure compliance with the Requirements, the Relevant Policies and Condition 10.9.2 (Operational Obligations), and will enforce them where appropriate;
10.9.5 if required by the Agency, produce a written certificate to it signed by an officer of the Consortium Member, confirming compliance with this Condition 10.8 by the Consortium Member and all persons associated with it under 10.8.6. The Consortium Member shall provide such supporting evidence of compliance as the Agency may reasonably request.
10.9.6 ensure that any person associated with the Consortium Member who is performing services or providing goods in connection with this Agreement does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed on the Consortium Member in this Condition 10.8 (Relevant Terms). The Consortium Member shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to the Agency for any breach by such persons of any of the Relevant Terms.
10.9.7 immediately report to the Agency's Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by it in connection with the performance of this Agreement and for the purpose of this Condition 10.9, the meaning of adequate procedures and foreign public official and whether a person is associated with another person shall be determined in accordance with section 7(2) of the ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act respectively. For the purposes of this Condition 10.9 a person associated with the Consortium Member includes any Subcontractor of the Consortium Member.
10.10 Where any Consortium Member is aware that it is in breach of an obligation under this Condition 10 (Operational Obligations) it must promptly notify the Agency 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. 11.1 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.
14.1 11.2 The Grant Recipient shall procure that Homes Englandthe GLA's Representative (or any person nominated by themhim) 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 they consider appropriate to inspect the operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 11.3 The Grant Recipient must notify Homes England the GLA in writing (save in respect of Clause 14.4.1 (Operational Obligations) Conditions 11.3.1 and Clause 14.4.2 (Operational Obligations) where11.3.2, in each case, where notification is required to be given through IMSOPS):
14.4.1 11.3.1 immediately once the Acquisition Date a Milestone has occurredbeen achieved with respect to each Named Project;
14.4.2 immediately once Start on Site has occurred;
14.4.3 11.3.2 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 the Capital Firm Scheme a Named Project (or any part of it) beyond any amount of Public Sector Funding notified to Homes England the GLA by the Grant Recipient pursuant to Clause 4.2 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) Condition 6.1 or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions)Condition 9.2;
14.4.4 11.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
14.4.5 11.3.4 promptly of any Change in Control relating to the Grant Recipient which it anticipates will occur in next following six month period;
11.3.5 of any other event or circumstance in relation to a Firm Scheme the Named Project as Homes England the GLA may reasonably require from time to time and within such timeframes as Homes England the GLA may reasonably require; and
11.3.6 immediately as soon as the Grant Recipient becomes aware that the Additionality Condition or the Affordable Percentage Condition will no longer be satisfied.
14.5 11.4 Without prejudice to Clause 12.1.1 (Delivery Obligations)Condition 11.1, the Grant Recipient must in operating and administering a Capital Firm Scheme the Named Project after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 subject to Clause 23.1 (Repayment of Grant) 11.4.1 not use the SHAP AHP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of Purposes without the Agreed Client GroupGLA's prior written consent;
14.5.3 11.4.2 subject always to compliance with the applicable LLR Rent Level, not charge a higher initial rent or service charge in relation to a SHAP LLR Dwelling than the London Living Rent as set out in the relevant Capital Firm Scheme Details Named Project Details, review the LLR Rent Levels each Financial Year and ensure that such the rent and service charge is set and for each LLR Dwelling:
(a) continues to be be: i set and charged in accordance with the applicable criteria and requirements 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 Standard and this AgreementLevel (or lower);
14.5.4 11.4.3 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SHAP SR Dwellings and the AR Dwellings (where to the extent applicable);
14.5.5 11.4.4 comply with the Tenancy Standard in respect of the SHAP SR Dwellings, AR Dwellings and the LLR Dwellings (to the extent applicable);
14.5.6 11.4.5 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 ▇▇▇ ▇▇▇▇▇▇▇▇;
(c) the purpose, target group (including any eligibility requirement), letting, rents, management or Disposal disposal of SHAP DwellingsAHP Rent Dwellings and/or LLR Dwellings (as applicable); and
(bd) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
14.5.7 where so directed by Homes England, 11.4.6 comply at its own cost with Homes Englandthe GLA's requirements in relation to Compliance Audit;
14.5.8 11.4.7 in relation to Programme AHP Housing, participate in the CORE system from time to time (including recording any lettings mademade 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);
14.5.9 11.4.8 in relation to each SHAP AHP Rent Dwelling use the most appropriate form of tenancy (or licence (as set out in the Capital Funding Guidecase of an SSH Dwelling or CHAP Dwelling and where agreed by the GLA in its absolute discretion in OPS, licence) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, Standard and the efficient use of public funds;
11.4.9 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;
11.4.10 ensure that all AHP Rent 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);
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 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 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.
11.8 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.
11.9 In relation to any SSH Project the Grant Recipient acknowledges and agrees that:
11.9.1 each SSH Dwelling must solely be disposed of or let to (as applicable) individuals which fall within the Agreed Client Group;
11.9.2 where the Named Project Details identify that SSH Revenue Funding is committed to the SSH Project:
(a) the Grant Recipient must secure the relevant SSH Revenue Funding within such timescales as may be necessary to deliver the Agreed Support Services in accordance with the Named Project Details; and
(b) if any body which has committed the SSH Revenue Funding withdraws or reduces (or the Grant Recipient believes they are likely to withdraw or reduce) such SSH Revenue Funding, the Grant Recipient must: i promptly notify the GLA; ii without prejudice to the GLA's rights under Conditions 17, 18 and 19 (and without any expectation that the GLA would provide further funding) the parties will work together to identify whether: A the SSH Project can still be delivered in accordance with this Agreement; or B alternative arrangements can be made to allow the SSH Project or a substantially similar project to be delivered, and the Grant Recipient will promptly co-operate with the GLA in respect of any discussions or arrangements undertaken pursuant to Condition 11.9.2(b) and will amend the Named Project Details on OPS accordingly and/or document and effect any alternative arrangements agreed by such other means as the GLA may determine.
11.9.3 will comply with any requirements of Section 5 of the Affordable Housing Capital Funding Guide which apply from time to time to any SSH Project; and
11.9.4 will provide the GLA with Exemption Evidence prior to the occupation of any SSH Dwelling or CHAP Dwelling which comprises Exempt Accommodation.
11.10 The parties acknowledge that in setting an Affordable Rent Level in respect of any SSH Dwelling, it may not be possible for the Grant Recipient to identify a comparable market rent for an equivalent property of the relevant size and location (an Equivalent Property) in the Broad Market Rental Area. In such a case the Grant Recipient will submit to the GLA a comparable market rent based on Equivalent Properties in alternative comparator areas (the Alternative Market Rent). If the GLA (acting reasonably) does not approve the Grant Recipient's proposed Alternative Market Rent, the Grant Recipient will engage a valuer to identify a comparable market rent from areas outside the Broad Market Rental Area and determine the market rent that will be applicable to the SSH Dwelling in the Broad Market Rental Area (the Comparable Market Rent). In the circumstance contemplated in this Condition 11.10 the Grant Recipient should set the Affordable Rent Level by reference to the Comparable Market Rent.
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations. 10.1 In delivering the Named 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.
14.1 10.2 The Grant Recipient shall procure that Homes Englandthe GLA's Representative (or any person nominated by themhim) 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 operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Named Project and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 10.3 The Grant Recipient must notify Homes England the GLA in writing (save in respect of Clause 14.4.1 (Operational Obligations) Conditions 10.3.1 and Clause 14.4.2 (Operational Obligations) where10.3.2, in each case, where notification is required to be given through IMSOPS):
14.4.1 immediately once the Acquisition Date has occurred;
14.4.2 10.3.1 immediately once Start on Site and Practical Completion has occurredoccurred with respect to each Named Project;
14.4.3 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 the Capital Firm Scheme a Named Project (or any part of it) beyond any amount of Public Sector Funding Subsidy notified to Homes England the GLA by the Grant Recipient pursuant to Clause 4.2 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) Condition 5.1 or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions)Condition 8.2;
14.4.4 10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
14.4.5 10.3.4 of any other event or circumstance in relation to a Firm Scheme the Named Project as Homes England the GLA may reasonably require from time to time and within such timeframes as Homes England the GLA may reasonably require.
14.5 10.4 Without prejudice to Clause 12.1.1 (Delivery Obligations)Condition 10.1, the Grant Recipient must in operating and administering a Capital Firm Scheme the Named Project after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 subject to Clause 23.1 (Repayment of Grant) 10.4.1 not use the SHAP AHP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of Purposes without the Agreed Client GroupGLA's prior written consent;
14.5.3 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 or service charge in relation to a SHAP Dwelling than the rent set out in limb (a) of the definition of London Affordable Rent (and detailed in the relevant Capital Firm Scheme Details Named Project Details) and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable relevant criteria and requirements of the Benchmark Rent Standard and this AgreementLevels;
14.5.4 10.4.3 not charge a higher initial rent in relation to a LAR Dwelling let or to be let at an Affordable Rent than set out in the relevant Named Project Details;
10.4.4 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 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;
10.4.5 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SHAP Dwellings (where applicable)AHP Rent Dwellings;
14.5.5 10.4.6 comply with the Tenancy Standard in respect of the SHAP AHP Rent Dwellings (to and the extent applicable)LLR Dwellings;
14.5.6 10.4.7 observe and comply with the requirements of the Affordable Housing Capital Funding Guide 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) 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, letting, rents, management or Disposal disposal of SHAP DwellingsAHP Rent Dwellings and/or LLR Dwellings (as applicable); and
(bd) the nature of the housing and/or housing product (as described in the Affordable Housing Capital Funding Guide) being funded pursuant to this Agreement;
14.5.7 where so directed by Homes England, 10.4.8 comply at its own cost with Homes Englandthe GLA's requirements in relation to Compliance Audit;
14.5.8 10.4.9 in relation to Programme AHP Housing, participate in the CORE system from time to time (including recording any lettings mademade 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);
14.5.9 10.4.10 in relation to each SHAP AHP Rent Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, 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 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).
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 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:▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇/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 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: Developer Led Grant Agreement
Operational Obligations.
14.1 15.1 The Grant Recipient Relevant Consortium Member 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 he considers appropriate to inspect the operation of a Capital Firm Scheme, the provision of the Revenue Funding Support Services and to monitor compliance by the Grant Recipient Relevant Consortium Member with its obligations under this Agreement.
14.2 15.2 The Grant Recipient Lead Partner (on behalf of the Relevant Consortium Member) must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 15.3 The Grant Recipient Relevant Consortium Member shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 15.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 15.3.2 that the Grant Recipient Relevant Consortium Member is complying with the terms and conditions of this Agreement.
14.4 15.4 The Grant Recipient Relevant Consortium Member must notify Homes England in writing (save in respect of Clause 14.4.1 15.4.1 (Operational Obligations) and Clause 14.4.2 15.4.2 (Operational Obligations) where, in each case, notification is required to be given through IMSIMS by the Lead Partner):
14.4.1 15.4.1 immediately once the Acquisition Date has occurred;
14.4.2 15.4.2 immediately once Start on Site has occurred;
14.4.3 15.4.3 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 the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient Lead Partner pursuant to Clause 4.2 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient Relevant Consortium Member pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions);
14.4.4 15.4.4 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
14.4.5 15.4.5 of any other event or circumstance in relation to a Firm Scheme as Homes England may reasonably require from time to time and within such timeframes as Homes England may reasonably require.
14.5 15.5 Without prejudice to Clause 12.1.1 13.1.1 (Delivery Obligations), the Grant Recipient Relevant Consortium Member must in operating and administering a Capital Firm Scheme after Capital Firm Scheme Completion:
14.5.1 15.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 15.5.2 subject to Clause 23.1 24.1 (Repayment of Grant) not use the SHAP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of the Agreed Client Group;
14.5.3 15.5.3 not charge a higher initial rent or service charge in relation to a SHAP Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable criteria and requirements of the Rent Standard and this Agreement;
14.5.4 15.5.4 comply with the Rent Standard in respect of the SHAP Dwellings (where applicable);
14.5.5 15.5.5 comply with the Tenancy Standard in respect of the SHAP Dwellings (to the extent applicable);
14.5.6 15.5.6 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) the letting, management or Disposal of SHAP Dwellings; and
(b) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;
14.5.7 15.5.7 where so directed by Homes England, comply at its own cost with Homes England's requirements in relation to Compliance Audit;
14.5.8 15.5.8 in relation to Programme Housing, participate in the CORE system from time to time (including recording any lettings made);
14.5.9 15.5.9 in relation to each SHAP Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, and the efficient use of public funds;
15.5.10 provide Homes England with a completed Disposal Notification no less than fourteen (14) Business Days prior to a Disposal taking place (such notification to reflect any applicable requirements of the Capital Funding Guide); and
Appears in 1 contract
Sources: Grant Agreement
Operational Obligations.
14.1 10.1 In delivering the Firm Scheme and in operating and administering the Firm Scheme after Practical Completion, the Grant Recipient must:
10.1.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination;
10.1.2 use its reasonable endeavours to deliver the commitments and/or proposals outlined in the Statements.
10.2 The Grant Recipient shall procure that Homes Englandthe Agency's Representative (or any person nominated by themhim) 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 operation of a Capital Firm Scheme, the provision progress of the Revenue Funding Support Services Firm Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, the First Revenue Funding Schemes or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Revenue Funding Scheme Details in respect of the First Revenue Funding Schemes.
14.3 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 with the progress against the Approved Capital Bid and the Revenue Funding Schemes (including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital Bid); and
14.3.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 10.3 The Grant Recipient must notify Homes England the Agency in writing (save in respect of Clause 14.4.1 Condition 10.3.1 (Operational Obligations) and Clause 14.4.2 (Operational Obligations) whereobligations), in each case, where notification is required to be given through IMS):
14.4.1 10.3.1 immediately once the Acquisition Start on Site Date has occurred;
14.4.2 immediately once Start on Site has occurred;
14.4.3 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 the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding Subsidy notified to Homes England the Agency by the Grant Recipient pursuant to Clause 4.2 Condition 5.1 (Capital Firm Schemes), Clause Condition 8.2 (Capital Firm Scheme substitution and additions) or Clause Condition 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 (Revenue Funding Schemes), Clause 11.2 (Revenue Funding Scheme additions) or Clause 11.3 (Revenue Funding Scheme additions);
14.4.4 10.3.3 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and;
14.4.5 10.3.4 of any other event or circumstance in relation to a the Firm Scheme as Homes England the Agency may reasonably require from time to time and within such timeframes as Homes England the Agency may reasonably require.
14.5 10.4 Without prejudice to Clause 12.1.1 Condition 10.1 (Delivery Operational Obligations), the Grant Recipient must in operating and administering a Capital the Firm Scheme after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 10.4.1 subject to Clause 23.1 Condition 17.1 (Repayment of Grant) not use the SHAP AHP Dwellings without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of Purposes without the Agreed Client GroupAgency's prior written consent;
14.5.3 10.4.2 not charge a higher initial rent or service charge in relation to a SHAP Social Rent Dwelling or Affordable Rent Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues to be set and charged in accordance Details;
10.4.3 comply with the applicable criteria and requirements of the Rent Regulator's Tenancy Standard and this Agreement;
14.5.4 comply with the Rent Standard in respect of the SHAP Social Rent Dwellings (where applicable)and the Affordable Rent Dwellings;
14.5.5 comply with the Tenancy Standard in respect of the SHAP Dwellings (to the extent applicable);
14.5.6 10.4.4 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) any disposal of the Affordable Home Ownership Dwellings and ensure that such disposal takes effect only at arm's length and on market terms;
(b) 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 letting, management or Disposal disposal of SHAP Social Rent Dwellings and/or the Affordable Rent Dwellings; and;
(bd) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;.
14.5.7 where so directed by Homes England, 10.4.5 comply at its own cost with Homes Englandthe Agency's requirements in relation to Compliance Audit;
14.5.8 10.4.6 in relation to Programme AHP Housing, participate in the CORE system from time to time (including recording any lettings made)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) and complete the "Initial Sales" data screens on IMS promptly following the sale of any Affordable Home Ownership Dwelling;
14.5.9 10.4.7 in relation to each SHAP Social Rent Dwelling and Affordable Rent Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, Standard and the efficient use of public funds.
10.5 The Grant Recipient shall ensure that the Agency'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 Capital Funding Guide are observed and implemented in respect of each Firm Scheme.
10.6 The Grant Recipient shall:
10.6.1 use its reasonable endeavours to complete the Permitted Conversions in accordance with the timescale projected for such Permitted Conversions in the Approved Bid; and
10.6.2 not convert more dwellings let at a Social Rent within its housing stock to Affordable Rent beyond the number required to create the Conversion Capacity; and
10.6.3 not dispose of more dwellings let at a Social Rent within its housing stock on Affordable Home Ownership or market sale terms than are required to create the Conversion Capacity save that nothing in this Condition 10.6.3 (Operational Obligations) is intended to preclude the Grant Recipient from making such other disposals from its stock as:
(a) are consistent with its corporate asset management strategies from time to time; and
(b) are consented to by the Regulator.
10.7 In discharging its obligations 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.
10.8 The Grant Recipient must:
10.8.1 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 (Requirements);
10.8.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
10.8.3 comply with the Agency's ethical, anti-bribery and anti-corruption policies, a copy of which is available here: ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/ethical- policies, in each case as the Agency or the relevant industry body may update from time to time (Relevant Policies);
10.8.4 have and maintain in place throughout the term of this Agreement its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Requirements, the Relevant Policies and Condition 10.8.2 (Operational Obligations), and will enforce them where appropriate; and
10.8.5 immediately report to the Agency's Head of Risk and Assurance Services from time to time (or any person holding a successor post) any request or demand for any undue financial or other advantage of any kind received by the Grant Recipient in connection with the performance of this Agreement.
10.9 Where the Grant Recipient is aware that it is in breach of an obligation under this Condition 10 (Operational Obligations) it must promptly notify the Agency 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. 14.1 In delivering the Capital Firm Scheme and in operating and administering the Capital Firm Scheme after Practical Completion, the Grant Recipient must observe and comply with Legislation, the applicable terms of the Capital Funding Guide and the Recovery Determination and the Consents.
14.1 14.2 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 he considers appropriate to inspect the operation progress of a the Capital Firm Scheme, the provision of the Revenue Funding Support Services Scheme and to monitor compliance by the Grant Recipient with its obligations under this Agreement.
14.2 14.3 The Grant Recipient must agree in advance with Homes England any significant changes to the Approved Capital Bid, Bid or the First Approved Revenue Funding Schemes Bid or to any of the outputs, activities, targets and/or indicative dates as set out in the Approved Capital Bid or the Approved Revenue Funding Scheme Details in respect of the First Revenue Funding SchemesBid.
14.3 14.4 The Grant Recipient shall provide such evidence as Homes England may reasonably require to enable Homes England to satisfy itself:
14.3.1 14.4.1 with the progress against the Approved Capital Bid and the Approved Revenue Funding Schemes Bid (if any) including, without limitation, progress against the delivery Milestones agreed in relation to such Approved Capital BidBid or Approved Revenue Bid (as applicable); and
14.3.2 14.4.2 that the Grant Recipient is complying with the terms and conditions of this Agreement.
14.4 14.5 The Grant Recipient must notify Homes England in writing (save in respect of Clause 14.4.1 (Operational Obligations) 14.5.1 and Clause 14.4.2 (Operational Obligations) 14.5.2 where, in each case, notification is required to be given through IMS):
14.4.1 14.5.1 immediately once the Acquisition Date has occurred;
14.4.2 14.5.2 immediately once the Start on Site Date has occurred;
14.4.3 14.5.3 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 the Capital Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 4.2 4.1 (Capital Firm Schemes), Clause 8.2 (Capital Firm Scheme substitution and additions) or Clause 8.9 (Capital Firm Scheme substitution and additions) or in respect of the Revenue Funding Firm Scheme (or any part of it) beyond any amount of Public Sector Funding notified to Homes England by the Grant Recipient pursuant to Clause 9.5 Clause
9.1 (Revenue Funding Firm Schemes), Clause 11.2 11.1 (Revenue Funding Firm Scheme additions) or Clause 11.3 (Revenue Funding Firm Scheme additions);
14.4.4 14.5.4 immediately upon becoming aware of any event or circumstance which may have a Material Adverse Effect; and
14.4.5 14.5.5 of any other event or circumstance in relation to a the Firm Scheme as Homes England may reasonably require from time to time and within such timeframes as Homes England may reasonably require.
14.5 14.6 Without prejudice to Clause 12.1.1 14.1 (Delivery Operational Obligations), the Grant Recipient must in operating and administering a the Capital Firm Scheme after Capital Firm Scheme Practical Completion:
14.5.1 observe and comply with Legislation, the applicable terms of the Capital Funding Guide, the Recovery Determination and of the Consents;
14.5.2 14.6.1 subject to Clause 23.1 (Repayment of Grant) not use the SHAP RSAP Dwellings for any purpose other than the Agreed Purposes without Homes England's prior written consent;
(a) for any purpose other than the Agreed Purposes; or
(b) to accommodate individuals from outside of the Agreed Client Group;
14.5.3 14.6.2 not charge a higher initial rent or service charge in relation to a SHAP RSAP Rent Dwelling than set out in the relevant Capital Firm Scheme Details and ensure that such rent and service charge is set and continues to be set and charged in accordance with the applicable criteria and requirements of the Rent Standard and this AgreementDetails;
14.5.4 14.6.3 subject to any contrary requirement of Legislation comply with the Rent Standard in respect of the SHAP Dwellings (where applicable)RSAP Rent Dwellings;
14.5.5 comply with the Tenancy Standard in respect of the SHAP Dwellings (to the extent applicable);
14.5.6 observe and comply with the requirements of the Capital Funding Guide in relation to:
(a) the letting, management or Disposal of SHAP Dwellings; and
(b) the nature of the housing and/or housing product (as described in the Capital Funding Guide) being funded pursuant to this Agreement;
14.5.7 where so directed by Homes England, comply at its own cost with Homes England's requirements in relation to Compliance Audit;
14.5.8 in relation to Programme Housing, participate in the CORE system from time to time (including recording any lettings made);
14.5.9 in relation to each SHAP Dwelling use the most appropriate form of tenancy or licence (as set out in the Capital Funding Guide) having regard to the terms of the Tenancy Standard, the type of Capital Firm Scheme, the needs of the Tenant, and the efficient use of public funds;
Appears in 1 contract
Sources: Grant Agreement