Common use of Truth and Accuracy of the Information Provided to NGen Clause in Contracts

Truth and Accuracy of the Information Provided to NGen. All of NGen’s decisions during the Application Process rely on, and are therefore subject to, the accuracy of the information and representations provided by (or on behalf of) the Applicants as part of and in support of the Application. Therefore, the Applicants will ensure that any information provided to NGen at any phase of the Application Process is true, accurate, complete and not misleading. Should an Applicant become aware that any information having been submitted to NGen is not true or accurate, or is incomplete or misleading, it will immediately notify NGen of this fact and correct and/or complete the Application accordingly. 4.3.1 Any breach (whether intentional or not) by an Applicant of the obligations set forth in this Subsection 4.3, entitles NGen, in its sole absolute discretion, to exercise any one or more of the following remedies, which Applicants acknowledge are fair and reasonable: (a) NGen may reject the Application or require the withdrawal of the Applicant(s) involved, pursuant to Subsection 3.1.4 (a) i.; (b) if the breach was intentional, NGen may reject any other application for funding of the Applicant(s) involved (whether under the Funding Stream or other funding streams), as contemplated in Subsection 3.1.4 (a) ii.; (c) if the Project has already been granted funding when NGen becomes aware of an Applicant(s)’ breach of this Subsection 4.3, NGen may terminate the MPA under which the Project is being funded and/or request the immediate reimbursement of any funding already provided to the Applicant involved, the whole in accordance with the applicable terms of the MPA; and/or (d) NGen may also exercise any other right and seek any other remedy available under this Agreement or otherwise at law.