Common use of SUBSIDY CONTROL Clause in Contracts

SUBSIDY CONTROL. 16.1. The Grant Recipient will ensure that delivery of the Funded Activities does not put the Authority in breach of the UK’s domestic obligations under the Subsidy Control Act or its international obligations in respect of subsidies. 16.2. The Grant Recipient will maintain appropriate records of its compliance with the Subsidy Control Act and will take all reasonable steps to assist the Authority to comply with the same and will respond promptly to any proceedings or investigation(s) into the Funded Activities by any relevant court or tribunal of relevant jurisdiction or regulatory body. 16.3. The Grant Recipient acknowledges and represents that the Grant is being awarded on the basis that the Funded Activities being undertaken using the Grant do not affect trade in goods and wholesale electricity between Northern Ireland and the European Union and shall ensure that the Grant is not used in any way that affects any such trade. 16.4. The Grant Recipient acknowledges and accepts that the Grant is awarded on the basis that the Funded Activities being undertaken using the Grant are, and will remain, non-economic activities except to the extent that there are incidental benefits to Enterprises which are an inherent consequence of the effect of the Grant. The Grant Recipient shall ensure that measures are taken (where necessary), and maintained, to ensure that the Grant is not used to cross- subsidise any economic activity. 16.5. The Grant is awarded on the basis that the subsidy control requirements do not apply by virtue of Section 36 of Subsidy Control Act, and it is subject to the conditions set out in Annex 10 and will be conditional upon the receipt by the Authority of the declaration form in Annex 10. 16.6. The Grant is awarded on the basis that Section 38 of Subsidy Control Act applies and it is subject to the conditions set out in Annex 11 and will be conditional upon the receipt by the Authority of the declaration form in Annex 11. 16.7. Where the Grant is used to provide direct or indirect benefits to Enterprises, the Grant Recipient must maintain a record of all such Enterprises and the level of funding or incidental benefit received by each Enterprise. The Grant Recipient must notify the Authority as soon as practicable where the level of funding or benefit to a single Enterprise exceeds £100,000. The Grant Recipient will provide any information reasonably required by the Authority to allow it to comply with the transparency requirements under sections 33 and 34 of the Subsidy Control Act.

SUBSIDY CONTROL. 16.1. The Grant Recipient will ensure parties confirm that delivery they have each independently reviewed the position with regard to the Subsidy Control Regime and believe that payment of the Funded Activities does not put Grant Sum provided is lawful within the Authority in breach terms of the UK’s domestic obligations under the Subsidy Control Act 2022. In the event that there is a successful legal challenge, governmental or its international obligations other body with jurisdictional powers rules that the subsidy provided is unlawful, the Recipient undertakes that it may be liable to repay all or some of the Grant Sum on request. The Recipient understands that if monies are not spent or assets acquired in respect accordance with their grant application then the support provided under this Agreement may cease to be lawful and any part of subsidies. 16.2the Grant Funds may cease to be payable or, having been paid may be subject to Clawback by the Council The Recipient will promptly inform the Council of any circumstances that might reasonably lead to the requirements of Clause 7.1 or Clause 7.2 having become or about to become to invalid and in consequences any part of the subsidies to be provided under this Agreement deemed to be unlawful. The Recipient acknowledges that the Council may be obliged to upload to the “Manage UK Subsidies” portal information that is required to be uploaded pursuant to the Subsidy Control Database Regulations and has a duty thereafter to maintain the information uploaded for a period of six years from the date of uploading. The Recipient further acknowledges that the Council may receive Information Requests relating to the provision of any subsidy under this Agreement and has a duty to respond to any Information Request Received within 28 calendar days. the Council shall notify the Recipient of the receipt of such an Information Request within five Business Days of receipt of the Information Request and the Parties undertake to co-operate in considering such Request and the preparation of any information in response to such Request. The Grant Sum shall not be applied towards any activity described in Schedule 2 as prohibited. If it becomes apparent to the Council that the costs outlined in the Recipient’s Grant Award Letter are ineligible for support under the UK Government Rules, then all or part of the Recipient’s claim may be invalidated or ineligible, and the Recipient will maintain appropriate records be liable to repay all or part of the Grant Sum under the provisions of Clause 11 below, and this shall be construed as an Act of Default. In the event that actual total expenditure incurred by the Recipient exceeds the Grant Sum, the Recipient acknowledges that for the purpose of this Agreement the Recipient is responsible for the funding of the additional expenditure and the Council shall have no obligations to the Recipient in connection with that additional expenditure. The Recipient shall allow access to its compliance business premises to the Council’s internal auditors or its other duly authorised staff or agents for the purposes of a routine and scheduled audit or investigation work examining the probity, economy, efficiency and effectiveness with which the Recipient has used the Grant Sum. The Recipient shall commit to providing monitoring documentation upon request from the Council’s designated Contract Manager. The Recipient shall commit to attending monitoring meetings with the Subsidy Control Act Council’s designated Contract Manager when required, with a minimum of one weeks’ notice for attendance given by the latter. The Recipient agrees to provide full transparency to the Council in relation to its expenditure at all times and will take all reasonable steps to assist the Authority to comply with the same and will respond promptly to any proceedings or investigation(s) into the Funded Activities by any relevant court or tribunal of relevant jurisdiction or regulatory body. 16.3. The Grant Recipient acknowledges and represents that the Grant is being awarded on the basis that the Funded Activities being undertaken using the Grant do not affect trade in goods and wholesale electricity between Northern Ireland and the European Union and shall ensure that the Grant is not used in any way that affects any such trade. 16.4. The Grant Recipient acknowledges and accepts that the Grant is awarded on the basis that the Funded Activities being undertaken using the Grant are, and will remain, non-economic activities except provide information upon request to the extent that there are incidental benefits to Enterprises which are an inherent consequence of the effect of the Grant. The Grant Recipient shall ensure that measures are taken (Council’s designated Monitoring Manager, including where necessary), and maintained, required in order to ensure that the Grant is not used to cross- subsidise any economic activity. 16.5. The Grant is awarded on the basis that the subsidy control requirements do not apply by virtue of Section 36 of Subsidy Control Act, and it is subject to the conditions set out in Annex 10 and will be conditional upon the receipt by the Authority of the declaration form in Annex 10. 16.6. The Grant is awarded on the basis that Section 38 of Subsidy Control Act applies and it is subject to the conditions set out in Annex 11 and will be conditional upon the receipt by the Authority of the declaration form in Annex 11. 16.7. Where the Grant is used to provide direct or indirect benefits to Enterprises, the Grant Recipient must maintain a record of all such Enterprises and the level of funding or incidental benefit received by each Enterprise. The Grant Recipient must notify the Authority as soon as practicable where the level of funding or benefit to a single Enterprise exceeds £100,000. The Grant Recipient will provide any information reasonably required by the Authority to allow it to Council can comply with the transparency requirements under sections 33 Assurance Frameworks relating to USKPF and 34 REPF, as mandated by Central Govt. For the avoidance of doubt, the Council will take no responsibility for the adequacy of the Subsidy Control ActGrant Sum and the Recipient will take on all responsibility for the commissioning and management of all contracts which it enters into.

SUBSIDY CONTROL. 16.1. The Grant Recipient will ensure that delivery of the Funded Activities does not put the Authority in breach of the UK’s domestic obligations under the Subsidy Control Act or its international obligations in respect of subsidies. 16.2. The Grant Recipient will maintain appropriate records of its compliance with the Subsidy Control Act relevant subsidy control regime and will take all reasonable steps to assist the Authority to comply with the same and will respond promptly to any proceedings or investigation(s) into the Funded Activities by any relevant court or tribunal of relevant jurisdiction or regulatory body. 16.3. The Grant Recipient acknowledges and represents that the Grant is being awarded on the basis that the Funded Activities being undertaken using the Grant do not affect trade in goods and wholesale electricity between Northern Ireland and the European Union and shall ensure that the Grant is not used in any way that affects any such trade. 16.4. Intellectual Property in all IPR Material will be the property of the Grant Recipient. Other than as expressly set out in these Conditions, neither Party will have any right to use any of the other Party's names, logos or trade marks on any of its products or services without the other Party's prior written consent. The Grant Recipient acknowledges grants to the Authority a non-exclusive irrevocable and accepts that royalty-free, sub-licensable, worldwide licence to use all the Grant is awarded on IPR Material for the basis that purpose of supporting the Funded Activities being undertaken using and other projects. Ownership of Third-Party software or other IPR necessary to deliver Funded Activities will remain with the Grant are, and will remain, non-economic activities except to the extent that there are incidental benefits to Enterprises which are an inherent consequence of the effect of the Grant. The Grant Recipient shall ensure that measures are taken (where necessary), and maintained, to ensure that the Grant is not used to cross- subsidise any economic activity. 16.5. The Grant is awarded on the basis that the subsidy control requirements do not apply by virtue of Section 36 of Subsidy Control Act, and it is subject to the conditions set out in Annex 10 and will be conditional upon the receipt by the Authority of the declaration form in Annex 10. 16.6. The Grant is awarded on the basis that Section 38 of Subsidy Control Act applies and it is subject to the conditions set out in Annex 11 and will be conditional upon the receipt by the Authority of the declaration form in Annex 11. 16.7. Where the Grant is used to provide direct or indirect benefits to Enterprises, the Grant Recipient must maintain a record of all such Enterprises and the level of funding or incidental benefit received by each Enterpriserelevant Third Party. The Grant Recipient must notify ensure that they have obtained the Authority as soon as practicable where relevant agreement from the level Third-Party proprietor before any additions or variations are made to the standard ‘off-the-shelf’ versions of funding or benefit to a single Enterprise exceeds £100,000any Third-Party software and other IPR. The Grant Recipient will provide any information reasonably required by be responsible for obtaining and maintaining all appropriate licences to use the Authority to allow it to comply with the transparency requirements under sections 33 and 34 of the Subsidy Control ActThird-Party software.

SUBSIDY CONTROL. 16.1. 16.1 The Grant Recipient will ensure that delivery of the Funded Activities does not put the Authority in breach of the UK’s domestic obligations under the Subsidy Control Act or its international obligations in respect of subsidies. 16.2. 16.2 The Grant Recipient will maintain appropriate records of its compliance with the Subsidy Control Act and will take all reasonable steps to assist the Authority to comply with the same and will respond promptly to any proceedings or investigation(s) into the Funded Activities by any relevant court or tribunal of relevant jurisdiction or regulatory body. 16.3. 16.3 The Grant Recipient acknowledges and represents that the Grant is being awarded on the basis that the Funded Activities being undertaken using the Grant do not affect trade in goods and wholesale electricity between Northern Ireland and the European Union and shall ensure that the Grant is not used in any way that affects any such trade. 16.4. 16.4 The Grant Recipient acknowledges and accepts that the Grant is awarded on the basis that the Funded Activities being undertaken using the Grant are, and will remain, non-economic activities except to the extent that there are incidental benefits to Enterprises which are an inherent consequence of the effect of the Grant. The Grant Recipient shall ensure that measures are taken (where necessary), and maintained, to ensure that the Grant is not used to cross- cross-subsidise any economic activity. 16.516.5 The Grant Recipient acknowledges and accepts that the Grant is given as a subsidy under Services of Public Economic Interest (SPEI). The Grant Recipient acknowledges and accepts that the SPEI services that the Grant is awarded for are for the task of sustainable and energy-efficient social housing and these services are to be provided during the Funding Period. The Grant Recipient acknowledges and accepts that that the area that the services are to be provided for is [insert geographic location of recipient] and the amount of subsidy given for the SPEI services has been determined by the Authority in accordance with the Authority’s assessment of the Grant Recipient’s application for funding against the available funding for the scheme. The Grant Recipient acknowledges and accepts that the Grant will be recovered if the Grant Recipient uses the Grant for a purpose other than the Funded Activities, and the Grant Recipient must comply with the monitoring arrangements set out in section 8 of this Grant Funding Agreement. The Grant Recipient acknowledges and accepts that the Authority will recover the Grant if its monitoring functions determine that the Grant Recipient has used the Grant for a purpose other than the Funded Activities. 16.6 The Grant is awarded on the basis that the subsidy control requirements do not apply by virtue of Section 36 of Subsidy Control Act, and it is subject to the conditions set out in Annex 10 9A and will be conditional upon the receipt by the Authority of the declaration form in Annex 10.9A. 16.6. 16.7 The Grant is awarded on the basis that Section 38 of Subsidy Control Act applies applies, and it is subject to the conditions set out in Annex 11 9B and will be conditional upon the receipt by the Authority of the declaration form in Annex 11.9B. 16.7. 16.8 Where the Grant is used to provide direct or indirect benefits to Enterprises, the Grant Recipient must maintain a record of all such Enterprises and the level of funding or incidental benefit received by each Enterprise. The Grant Recipient must notify the Authority as per the processes identified by the Authority as soon as practicable where the level of funding or benefit to a single Enterprise exceeds £100,000. The Grant Recipient will provide any information reasonably required by the Authority to allow it to comply with the transparency requirements under sections 33 and 34 of the Subsidy Control Act. 16.9 The Grant Recipient acknowledges that the Authority shall provide services to the Grant Recipient as a benefit in-kind to support delivery of the WH:SHF Wave 3 scheme. This benefit in-kind is in addition to the Maximum Sum. The benefit in-kind will be allocated across the Funding Period to cover the costs of third party delivery partners and the costs of certain digital tools which facilitate delivery of the scheme. The specific cost of this benefit in-kind will be communicated to the Grant Recipient prior to the end of each Financial Year during the Funding Period for the Grant Recipient's records.

SUBSIDY CONTROL. 16.1‌ 15.1. The Grant Recipient will ensure that delivery of the Funded Activities does not put the Authority in breach of the UK’s domestic obligations under the Subsidy Control Act or its international obligations in respect of subsidies. 16.215.2. The Grant Recipient agrees to comply with the following additional conditions in order to ensure that the Grant remains consistent with the subsidy control principles in Schedule 1 to the Subsidy Control Act [optional: and the energy and environment principles in Schedule 2 to the Subsidy Control Act] : 15.3. The Grant Recipient will maintain appropriate records of its compliance with the Subsidy Control Act relevant subsidy control regime and will take all reasonable steps to assist the Authority to comply with the same and will respond promptly to any proceedings or investigation(s) into the Funded Activities by any relevant court or tribunal of relevant jurisdiction or regulatory body. 16.315.4. The Grant Recipient acknowledges and represents that the Grant is being awarded on the basis that the Funded Activities being undertaken using the Grant do not affect trade in goods and wholesale electricity between Northern Ireland and the European Union and shall ensure that the Grant is not used in any way that affects any such trade. 16.415.5. The Grant Recipient acknowledges and accepts that the Grant is awarded on the basis that the Funded Activities being undertaken using the Grant are, and will remain, non-economic activities except to the extent that there are incidental benefits to Enterprises which are an inherent consequence of the effect of the Grantactivities. The Grant Recipient shall ensure that measures are taken (where necessary), and maintained, to ensure that the Grant is not used to cross- cross-subsidise any economic activity. 16.515.6. The Grant is awarded on the basis that that the subsidy control requirements do not apply by virtue of Section 36 of Subsidy Control Act, Act and it is subject to the conditions set out in Annex 10 of these Conditions and will be conditional upon the receipt by the Authority of the declaration form in Annex 10. 16.6. The Grant is awarded on the basis that Section 38 of Subsidy Control Act applies and it is subject to the conditions set out in Annex 11 and will be conditional upon the receipt by the Authority of the declaration form in Annex 11. 16.7. Where the Grant is used to provide direct or indirect benefits to Enterprises, the Grant Recipient must maintain a record of all such Enterprises and the level of funding or incidental benefit received by each Enterprise. The Grant Recipient must notify the Authority as soon as practicable where the level of funding or benefit to a single Enterprise exceeds £100,000. The Grant Recipient will provide any information reasonably required by the Authority to allow it to comply with the transparency requirements under sections 33 and 34 of the Subsidy Control Act.

SUBSIDY CONTROL. 16.1‌ [Note: Clauses to be amended in line with subsidy control assessment submitted by Grant Recipient] 8.1 The Grant Recipient has undertaken its own independent assessment of the compatibility of the Project with the Subsidy Control Rules and confirms to the Council that the Project is structured so it is compliant with the Subsidy Control Rules as further set out at paragraph 4 of Schedule 1 (Project Specific Conditions) and Annex 1 (Subsidy Control Assessment) to this Agreement. The Grant Recipient will ensure acknowledges that delivery of the Funded Activities does not put Council has taken into account the Authority in breach of the UK’s domestic obligations under the Subsidy Control Act or its international obligations in respect of subsidies. 16.2. The Grant Recipient will maintain appropriate records of its Recipient's representations on compliance with the Subsidy Control Act Rules in deciding to offer the Grant to the Grant Recipient for the Project. 8.2 The Grant Recipient warrants that the Grant and any public investment in the Project does not constitute unlawful Subsidy Control as defined in the Subsidy Control Rules and, without prejudice to the general nature of this, the Grant Recipient further warrants that: 8.2.1 the Grant Recipient's use of the Grant (including any flow down of the Grant) will at all times be in accordance with the Subsidy Control Rules; 8.2.2 the Grant Recipient will openly procure and/or benchmark (as appropriate and compliant) all contractors and operators that will be involved in the delivery of the Project and shall comply with all applicable UK Procurement Requirements including but not limited to the Public Contract Regulations 2015 where relevant at all times in relation to the Project to the extent required by Law; 8.2.3 the Grant Recipient shall procure and maintain the necessary expertise and resources to deliver the Project in accordance with the Subsidy Control Rules for the full term of the Project; 8.2.4 the Grant Recipient shall retain all documentation in relation to the Grant for a minimum of twelve (12) years after the final Grant Claim is paid. Such documentation may be held in either paper records or electronic form; EXAMPLE 8.2.5 in the event that the Grant or part of it is determined by a court of the United Kingdom or any other judicial body appointed by the UK Government to amount to a Subsidy in breach of the Subsidy Control Rules and the Court of other Judical body decides that it shall take all reasonable steps necessary measures to assist recover the Authority Grant (in full or in part) from the Grant Recipient , the Grant Recipient shall, to the extent the decision of the Court or other judicial body requires repayment of all or part of the Grant received by the Grant Recipient, immediately repay such proportion of the Grant to the Council plus interest in accordance with the recovery decision and without set-off or deduction 8.2.6 in the event of any proposed variation to this Agreement including its Schedules the Grant Recipient shall submit all information required by the Council for the purposes of ensuring the Grant complies with the Subsidy Control rules in force on the date of the proposed variation and the Grant Recipient will repeat and reconfirm the warranties, representations and undertakings set out in this Agreement and any additional confirmation required by the Council in any variation documentation. No variation to this Agreement including its Schedules shall be agreed by the Council if the variation would result in the Grant failing to comply with the same and will respond promptly to any proceedings or investigation(s) into the Funded Activities by any relevant court or tribunal of relevant jurisdiction or regulatory bodySubsidy Control Rules. 16.3. 8.3 The Grant Recipient acknowledges and represents agrees that it is responsible for ensuring that its use of the Grant is being awarded on and all aspects of the basis that Project are in accordance with the Funded Activities being undertaken using the Grant do not affect trade in goods and wholesale electricity between Northern Ireland and the European Union and shall ensure that the Grant is not used in any way that affects any such trade. 16.4Subsidy Control Rules. The Grant Recipient hereby indemnifies the Council (its employees, agents and representatives) on demand from and against all Losses, whether direct or indirect, in respect of a breach of the Subsidy Control Rules and/or which arise out of or in consequence of a breach of any part of this Agreement. 8.4 The Grant Recipient acknowledges and accepts that the Grant is awarded on the basis that the Funded Activities being undertaken using the Grant are, Council may be obliged to assist government departments in respect of this Agreement and will remain, non-economic activities except to the extent that there are incidental benefits to Enterprises which are an inherent consequence of the effect of the Grant. The Grant Recipient shall ensure that measures are taken (where necessary), and maintained, to ensure that fully co-operate with the Grant is not used to cross- subsidise any economic activityCouncil in the provision of such information. 16.5. The Grant is awarded on the basis that the subsidy control requirements do not apply by virtue of Section 36 of Subsidy Control Act, and it is subject to the conditions set out in Annex 10 and will be conditional upon the receipt by the Authority of the declaration form in Annex 10. 16.6. The Grant is awarded on the basis that Section 38 of Subsidy Control Act applies and it is subject to the conditions set out in Annex 11 and will be conditional upon the receipt by the Authority of the declaration form in Annex 11. 16.7. Where the Grant is used to provide direct or indirect benefits to Enterprises, the Grant Recipient must maintain a record of all such Enterprises and the level of funding or incidental benefit received by each Enterprise. 8.5 The Grant Recipient must notify the Authority as soon as practicable where the level of funding or benefit to shall ensure that a single Enterprise exceeds £100,000. The Grant Recipient will provide any information reasonably required by the Authority to allow it to comply clear audit trail is in place and retained in accordance with the transparency requirements under sections 33 and 34 of the Subsidy Control Actclause 8.2.4.