Common use of Project success Clause in Contracts

Project success. 3.4.1 The Applicant is not in default under any law or enactment or under any deed, agreement or other instrument or obligation to an extent that may affect adversely its ability to perform its obligations under this Agreement. 3.4.2 No litigation or administrative or arbitration proceeding before any court, tribunal, Government authority or arbitrator is presently taking place, pending or (to the knowledge, information and belief of the Applicant) threatened against, or against any of the assets of, the Applicant which might have a Material Adverse Effect. 3.4.3 The Applicant has made diligent enquiries and to the best of its knowledge, information and belief no person having any charge, lien, encumbrance or other form of security over the Building or the Site has enforced or given notice of its intention to enforce such security and the Applicant has not done or omitted to do anything which would or might reasonably be expected to cause any person to enforce or exercise its rights to enforce such security to the extent that this would affect the Applicant's ability to perform its obligations under this Agreement or the Works Contracts respectively. 3.4.4 All Consents required for the Works to be commenced have been obtained and not withdrawn. 3.4.5 The Applicant warrants that the Works, the Building and the use of the Building all satisfy the qualification criteria for Funding set out in the Guidance. 3.4.6 The Applicant shall promptly following Practical Completion provide to Homes England an Exit FRA which confirms: (a) that the recommendations contained within the Pre-Remediation FRAEW (and any other subsequent FRAEW previously submitted to Homes England) have been implemented; (b) that any life safety fire risks identified by the Pre-Remediation FRAEW (and any other previously submitted FRAEW) have been eliminated and the risk to life in the Building has been reduced to a tolerable level; and (c) that there are no significant risks or breaches of legislation identified, and is otherwise in a form approved by Homes England (at its sole discretion). 3.4.7 The Applicant is not aware, after due enquiry, of anything which materially threatens the success of the Project or the completion of this Agreement. 3.4.8 The Applicant has full legal control of the Building or has sufficient rights of access to the Building and/or Site arising from Lease Documentation to carry out the Works and to enable Practical Completion of all Works. 3.4.9 The Site or Building is free from any conditions, restrictions or covenants which do or might affect the right to carry out the Works or achieve Practical Completion of all Works. 3.4.10 The Applicant shall (and shall require that each Contractor shall) in carrying out Works comply with the provisions of the Considerate Constructors Scheme save that where there is any conflict between the provisions of this Agreement and the provisions of such scheme the provisions of this Agreement shall prevail. 3.4.11 The Applicant shall ensure that (and shall take all reasonable steps to satisfy Homes England that) its employees and all Contractors employed or engaged in connection with the Project are suitable and competent in all respects to allow the proper performance of all necessary work or tasks in relation to the Works and Practical Completion of the Project in accordance with the Project Documents. 3.4.12 Neither the Applicant nor any of its officers, employees, agents or subcontractors have: (a) committed an offence under the Modern Slavery Act 2015; or (b) been notified that it is subject to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015; or (c) become aware of any circumstances within its supply chain that could give rise to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015. 3.4.13 The Applicant shall implement due diligence procedures for its subcontractors, agents, suppliers, and other participants in its supply chains, to ensure that there is no slavery or human trafficking in its supply chains.

Project success. 3.4.1 The Applicant is not in default under any law or enactment or under any deed, agreement or other instrument or obligation to an extent that may affect adversely its ability to perform its obligations under this Agreement. 3.4.2 No litigation or administrative or arbitration proceeding before any court, tribunal, Government authority or arbitrator is presently taking place, pending or (to the knowledge, information and belief of the Applicant) threatened against, or against any of the assets of, the Applicant which might have a Material Adverse Effect. 3.4.3 The Applicant has made diligent enquiries and to the best of its knowledge, information and belief no person having any charge, lien, encumbrance or other form of security over the Building or the Site has enforced or given notice of its intention to enforce such security and the Applicant has not done or omitted to do anything which would or might reasonably be expected to cause any person to enforce or exercise its rights to enforce such security to the extent that this would affect the Applicant's ability to perform its obligations under this Agreement or the Works Contracts respectively. 3.4.4 All Consents required for the Works to be commenced have been obtained and not withdrawn. 3.4.5 The Applicant warrants that the Works, the Building and the use of the Building all satisfy the qualification criteria for Funding set out in the Guidance. 3.4.6 The Applicant shall promptly as soon as practicable following Practical Completion provide to Homes England an Exit FRA which confirms: (a) that the recommendations contained within the Pre-Remediation FRAEW (and any other subsequent FRAEW previously submitted to Homes England) and funded by this Agreement have been implemented; (b) that any intolerable life safety fire risks identified by the Pre-Remediation FRAEW (and any other previously submitted FRAEW) and funded by this Agreement have been eliminated or mitigated as agreed with Homes England and the risk to life in the Building has been reduced to a minimum of a tolerable level; and (c) that there are no significant risks or breaches of legislation identified, and and is otherwise in a form approved by Homes England (at its sole discretion). 3.4.7 The Applicant is not aware, after due enquiry, of anything which materially threatens the success of the Project or the completion of this Agreement. 3.4.8 The Applicant has full legal control of the Building or has sufficient rights of access to the Building and/or Site arising from Lease Documentation to carry out the Works and to enable Practical Completion of all Works. 3.4.9 The Site or Building is free from any conditions, restrictions or covenants which do or might affect the right to carry out the Works or achieve Practical Completion of all Works. 3.4.10 The Applicant shall (and shall require that each Contractor shall) in carrying out Works comply with the provisions of the Considerate Constructors Scheme save that where there is any conflict between the provisions of this Agreement and the provisions of such scheme the provisions of this Agreement shall prevail. 3.4.11 The Applicant shall ensure that (and shall take all reasonable steps to satisfy Homes England that) its employees and all Contractors employed or engaged in connection with the Project are suitable and competent in all respects to allow the proper performance of all necessary work or tasks in relation to the Works and Practical Completion of the Project in accordance with the Project Documents. 3.4.12 Neither the Applicant nor any of its officers, employees, agents or subcontractors have: (a) committed an offence under the Modern Slavery Act 2015; or (b) been notified that it is subject to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015; or (c) become aware of any circumstances within its supply chain that could give rise to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015. 3.4.13 The Applicant shall implement due diligence procedures for its subcontractors, agents, suppliers, and other participants in its supply chains, to ensure that there is no slavery or human trafficking in its supply chains.

Project success. 3.4.1 The Applicant is not in default under any law or enactment or under any deed, agreement or other instrument or obligation to an extent that may affect adversely its ability to perform its obligations under this Agreement. 3.4.2 No litigation or administrative or arbitration proceeding before any court, tribunal, Government authority or arbitrator is presently taking place, pending or (to the knowledge, information and belief of the Applicant) threatened against, or against any of the assets of, the Applicant which might have a Material Adverse Effect. 3.4.3 The Applicant has made diligent enquiries and to the best of its knowledge, information and belief no person having any charge, lien, encumbrance or other form of security over the Building or the Site has enforced or given notice of its intention to enforce such security and the Applicant has not done or omitted to do anything which would or might reasonably be expected to cause any person to enforce or exercise its rights to enforce such security to the extent that this would affect the Applicant's ability to perform its obligations under this Agreement or the Works Contracts respectively. 3.4.4 All Consents required for the Works to be commenced have been obtained and not withdrawn. 3.4.5 The Applicant warrants that the Works, the Building and the use of the Building all satisfy the qualification criteria for Funding set out in the Guidance. 3.4.6 The Applicant shall promptly following Practical Completion provide to Homes England an Exit FRA a Post-Remediation FRAEW which confirms: (a) confirms that the any recommendations contained within the Pre-Remediation FRAEW (and any other subsequent FRAEW previously submitted to Homes England) England have been implemented; (b) implemented and that any life safety fire risks identified by the Pre-Remediation FRAEW (and any other FRAEW previously submitted FRAEWsubmitted) have been eliminated and the risk to life in the Building has been reduced to a tolerable level; and (c) that there are no significant risks or breaches of legislation identified, and is otherwise in a form approved by Homes England (at its sole discretion)eliminated. 3.4.7 The Applicant is not aware, after due enquiry, of anything which materially threatens the success of the Project or the completion of this Agreement. 3.4.8 The Applicant has full legal control of the Building or has sufficient rights of access to the Building and/or Site arising from Lease Documentation to carry out the Works and to enable Practical Completion of all Works. 3.4.9 The Site or Building is free from any conditions, restrictions or covenants which do or might affect the right to carry out the Works or achieve Practical Completion of all Works. 3.4.10 The Applicant shall (and shall require that each Contractor shall) in carrying out Works comply with the provisions of the Considerate Constructors Scheme save that where there is any conflict between the provisions of this Agreement and the provisions of such scheme the provisions of this Agreement shall prevail. 3.4.11 The Applicant shall ensure that (and shall take all reasonable steps to satisfy Homes England that) its employees and all Contractors employed or engaged in connection with the Project are suitable and competent in all respects to allow the proper performance of all necessary work or tasks in relation to the Works and Practical Completion of the Project in accordance with the Project Documents. 3.4.12 Neither the Applicant nor any of its officers, employees, agents or subcontractors have: (a) committed an offence under the Modern Slavery Act 2015; or (b) been notified that it is subject to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015; or (c) become aware of any circumstances within its supply chain that could give rise to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015. 3.4.13 The Applicant shall implement due diligence procedures for its subcontractors, agents, suppliers, and other participants in its supply chains, to ensure that there is no slavery or human trafficking traf f icking in its supply chains.

Project success. 3.4.1 The Applicant is not in default under any law or enactment or under any deed, agreement or other instrument or obligation to an extent that may affect adversely its ability to perform its obligations under this Agreement. 3.4.2 No litigation or administrative or arbitration proceeding before any court, tribunal, Government authority or arbitrator is presently taking place, pending or (to the knowledge, information and belief of the Applicant) threatened against, or against any of the assets of, the Applicant which might have a Material Adverse Effect. 3.4.3 The Applicant has made diligent enquiries and to the best of its knowledge, information and belief no person having any charge, lien, encumbrance or other form of security over the Building or the Site has enforced or given notice of its intention to enforce such security and the Applicant has not done or omitted to do anything which would or might reasonably be expected to cause any person to enforce or exercise its rights to enforce such security to the extent that this would affect the Applicant's ability to perform its obligations under this Agreement or the Works Contracts respectively. 3.4.4 All Consents required for the Works to be commenced have been obtained and not withdrawn. 3.4.5 The Applicant warrants that the Works, the Building and the use of the Building all satisfy the qualification criteria for Funding set out in the Guidance. 3.4.6 The Applicant shall promptly following Practical Completion provide to Homes England an Exit FRA a Post-Remediation FRAEW which confirms: (a) confirms that the any recommendations contained within the Pre-Remediation FRAEW (and any other subsequent FRAEW previously submitted to Homes England) England have been implemented; (b) implemented and that any life safety fire risks identified by the Pre-Remediation FRAEW (and any other FRAEW previously submitted FRAEWsubmitted) have been eliminated and the risk to life in the Building has been reduced to a tolerable level; and (c) that there are no significant risks or breaches of legislation identified, and is otherwise in a form approved by Homes England (at its sole discretion)eliminated. 3.4.7 The Applicant is not aware, after due enquiry, of anything which materially threatens the success of the Project or the completion of this Agreement. 3.4.8 The Applicant has full legal control of the Building or has sufficient rights of access to the Building and/or Site arising from Lease Documentation to carry out the Works and to enable Practical Completion of all Works. 3.4.9 The Site or Building is free from any conditions, restrictions or covenants which do or might affect the right to carry out the Works or achieve Practical Completion of all Works. 3.4.10 The Applicant shall (and shall require that each Contractor shall) in carrying out Works comply with the provisions of the Considerate Constructors Scheme save that where there is any conflict between the provisions of this Agreement and the provisions of such scheme the provisions of this Agreement shall prevail. 3.4.11 The Applicant shall ensure that (and shall take all reasonable steps to satisfy Homes England that) its employees and all Contractors employed or engaged in connection with the Project are suitable and competent in all respects to allow the proper performance of all necessary work or tasks in relation to the Works and Practical Completion of the Project in accordance with the Project Documents. 3.4.12 Neither the Applicant nor any of its officers, employees, agents or subcontractors have: (a) committed an offence under the Modern Slavery Act 2015; or (b) been notified that it is subject to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015; or (c) become aware of any circumstances within its supply chain that could give rise to an investigation relating to an alleged offence or prosecution under the Modern Slavery Act 2015. 3.4.13 The Applicant shall implement due diligence procedures for its subcontractors, agents, suppliers, and other participants in its supply chains, to ensure that there is no slavery or human trafficking in its supply chains.