Use of the Grant. 4.1 The Grant shall be used by the Recipient for the delivery of the Project in accordance with the Project Programme, the Grant Application, the Grant Determination Letter and in accordance with the Agreement. For the avoidance of doubt, the amount of the Grant that the Recipient may spend on any item of Eligible Expenditure listed in the Project Programme shall not exceed the forecasted amounts as listed in the Project Programme (without prior written agreement of Salix). 4.2 The Recipient shall not use the Grant to: 4.2.1 make any payment to members of its Governing Body; 4.2.2 purchase buildings or land; or 4.2.3 pay for any expenditure commitments of the Recipient entered into before the Grant Payment Date, unless this has been approved in writing by the Secretary of State. 4.3 The Recipient shall not spend any part of the Grant on the delivery of the Project after the date of Practical Completion. 4.4 Should any part of the Grant remain unspent at the date of Practical Completion, or should any part of the Grant be provided for items of Eligible Expenditure which subsequently cost less than forecasted in the Project Programme, the Recipient shall, unless otherwise agreed in writing by the Secretary of State, ensure that any unspent monies are returned to the Secretary of State. 4.5 Where the Recipient enters into a contract with a third party in connection with the Project, the Recipient will remain responsible for paying that third party. Neither the Secretary of State nor Salix has responsibility for paying the invoices of third parties. 4.6 Onward payment of the Grant and the use of sub-contractors shall not relieve the Recipient of any of its obligations under the Agreement. 4.7 Any liabilities arising at the end of the Project and which are not otherwise incorporated within the Project Programme, including but not limited to any redundancy liabilities for staff employed by the Recipient to deliver the Project, must be managed and paid for by the Recipient using other resources of the Recipient and not using the Grant. There will be no additional funding available from the Secretary of State for this purpose.
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Sources: Memorandum of Understanding, Memorandum of Understanding
Use of the Grant. 4.1 5.1 The Grant shall be used by Recipient shall:
(a) use the Recipient for the delivery of Grant to fund the Project in accordance with the Project ProgrammeSchedule of Costs and for no other purpose;
(b) ensure that value for money and sound procurement practices are applied to all contracts entered into in connection with the Project;
(c) use each Grant instalment to fund the Development Stage for which that Grant instalment was claimed and for no other purpose unless otherwise agreed in writing by the Authority;
(d) not put the Authority in breach of any requirement of the GLA Grant Agreement;
(e) not breach, or put the Authority in breach of, the Employers Requirements;
(f) not permit a "Start on Site" as defined in the GLA Grant Application, Agreement (where "Named Project" referred to in the GLA Grant Determination Letter Agreement means for the purposes of this Agreement the Project) without first providing a signed and completed copy of the Building Contract to the Authority;
(g) Commit Grant monies in accordance with the Agreement. For Programme;
(h) ensure that the avoidance design and construction of doubt, Development follows the Design Guide;
(i) not hold any amount of the Grant that the Recipient may spend on any item of Eligible Expenditure listed otherwise than in in the Project Programme shall not exceed the forecasted amounts as listed in the Project Programme Bank Account;
(without prior written agreement of Salix).
4.2 The Recipient shall j) not use the Grant to:
4.2.1 (i) make any payment to members of its Governing Body;
4.2.2 purchase buildings or landgoverning body; or
4.2.3 (ii) meet, cover or pay for any expenditure commitments revenue expenditure;
(k) not Commit or otherwise expend any amount of the Recipient entered into before Grant after the expiry of the Grant Payment Date, unless this has been approved in writing by the Secretary of StatePeriod.
4.3 The 5.2 Where the Grant Recipient intends to apply to a third party for other funding for the Project, the Grant Recipient shall notify the Authority in advance of so applying and where such funding is obtained the Grant Recipient shall provide the Authority with details of the amount and purpose of that funding and shall as soon as reasonably practicable update the Schedule of Costs to make clear reference to such third party funding and to its intended use.
5.3 The Grant Recipient agrees and accepts that it shall not spend apply for duplicate funding in respect of any part of the Grant on Project or any related administration costs that the delivery of the Project after the date of Practical CompletionAuthority is funding under this Agreement.
4.4 Should 5.4 The Grant Recipient shall:
(a) comply with, and shall procure that any part Affiliate of the Grant remain unspent at Recipient (including the date of Practical CompletionDevelopment Subsidiary) and any contractors with or suppliers to the Grant Recipient shall comply with, or should any part the Employer's Requirements; and
(b) comply with the requirements of the Grant be provided for items of Eligible Expenditure which subsequently cost less than forecasted Public Contracts Regulation 2015 (as amended, replaced or repealed) in the Project Programme, the Recipient shall, unless otherwise agreed in writing by the Secretary of State, ensure that any unspent monies so far as they are returned applicable to the Secretary of State.
4.5 Where the Grant Recipient enters into a contract with a third party in connection with the Projectprocurement of any works, equipment, goods and services in relation to the Project and the Grant Recipient will remain responsible for paying shall promptly provide the Authority or any government office any information which the Authority may request in order to satisfy itself that third party. Neither the Secretary of State nor Salix has responsibility for paying the invoices of third partiesGrant Recipient, its Affiliates, contractors or suppliers have done so where they are required to do so.
4.6 Onward payment 5.5 The Grant Recipient shall, and shall procure that any Affiliate of the Grant Recipient shall, ensure that all works, equipment, goods and services procured in relation to the use Project represent good value for money. In determining how this requirement should be met, the Grant Recipient shall (and shall procure that its contractors shall) take account of sub-contractors public sector accountability and probity and shall not relieve document the Recipient of any of its obligations under the Agreementdecision making process.
4.7 5.6 Any liabilities arising at the end of the Project and which are not otherwise incorporated within the Project Programme, including but not limited to any redundancy liabilities for staff employed by the Recipient to deliver the Project, Project must be managed and paid for by the Grant Recipient using the Grant or other resources of the Recipient and not using the GrantGrant Recipient. There will be no additional funding available from the Secretary of State Authority for this purpose.
5.7 Should the Grant Recipient be subject to financial or other difficulties which are capable of having a material impact on its effective delivery of the Project or compliance with this Agreement it will notify the Authority as soon as possible so that, if possible, and without creating any legal obligation, the Authority will have an opportunity to provide assistance in resolving the problem or to take action to protect the Authority and the Grant monies.
5.8 The Grant Recipient shall notify the Authority of any failure by the Grant Recipient to comply with this Agreement immediately upon becoming aware of such failure.
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Use of the Grant. 4.1 5.1 The Grant shall be used by Recipient shall:
(a) use the Recipient for the delivery of Grant to fund the Project in accordance with the Project ProgrammeSchedule of Costs and for no other purpose;
(b) ensure that value for money and sound procurement practices are applied to all contracts entered into in connection with the Project;
(c) use each Grant instalment to fund the Development Stage for which that ▇▇▇▇▇ instalment was claimed and for no other purpose unless otherwise agreed in writing by the Authority;
(d) not put the Authority in breach of any requirement of the GLA Grant Agreement;
(e) not breach, or put the Authority in breach of, the Employers Requirements;
(f) not permit a "Start on Site" as defined in the GLA Grant Application, Agreement (where "Named Project" referred to in the GLA Grant Determination Letter Agreement means for the purposes of this Agreement the Project) without first providing a signed and completed copy of the Building Contract to the Authority;
(g) Commit Grant monies in accordance with the Agreement. For Programme;
(h) ensure that the avoidance design and construction of doubt, Development follows the Design Guide;
(i) not hold any amount of the Grant that the Recipient may spend on any item of Eligible Expenditure listed otherwise than in in the Project Programme shall not exceed the forecasted amounts as listed in the Project Programme Bank Account;
(without prior written agreement of Salix).
4.2 The Recipient shall j) not use the Grant to:
4.2.1 (i) make any payment to members of its Governing Body;
4.2.2 purchase buildings or landgoverning body; or
4.2.3 (ii) meet, cover or pay for any expenditure commitments revenue expenditure;
(k) not Commit or otherwise expend any amount of the Recipient entered into before Grant after the expiry of the Grant Payment Date, unless this has been approved in writing by the Secretary of StatePeriod.
4.3 The 5.2 Where the Grant Recipient intends to apply to a third party for other funding for the Project, the Grant Recipient shall notify the Authority in advance of so applying and where such funding is obtained the Grant Recipient shall provide the Authority with details of the amount and purpose of that funding and shall as soon as reasonably practicable update the Schedule of Costs to make clear reference to such third party funding and to its intended use.
5.3 The Grant Recipient agrees and accepts that it shall not spend apply for duplicate funding in respect of any part of the Grant on Project or any related administration costs that the delivery of the Project after the date of Practical CompletionAuthority is funding under this Agreement.
4.4 Should 5.4 The Grant Recipient shall:
(a) comply with, and shall procure that any part Affiliate of the Grant remain unspent at Recipient (including the date of Practical CompletionDevelopment Subsidiary) and any contractors with or suppliers to the Grant Recipient shall comply with, or should any part the Employer's Requirements; and
(b) comply with the requirements of the Grant be provided for items of Eligible Expenditure which subsequently cost less than forecasted Public Contracts Regulation 2015 (as amended, replaced or repealed) in the Project Programme, the Recipient shall, unless otherwise agreed in writing by the Secretary of State, ensure that any unspent monies so far as they are returned applicable to the Secretary of State.
4.5 Where the Grant Recipient enters into a contract with a third party in connection with the Projectprocurement of any works, equipment, goods and services in relation to the Project and the Grant Recipient will remain responsible for paying shall promptly provide the Authority or any government office any information which the Authority may request in order to satisfy itself that third party. Neither the Secretary of State nor Salix has responsibility for paying the invoices of third partiesGrant Recipient, its Affiliates, contractors or suppliers have done so where they are required to do so.
4.6 Onward payment 5.5 The Grant Recipient shall, and shall procure that any Affiliate of the Grant Recipient shall, ensure that all works, equipment, goods and services procured in relation to the use Project represent good value for money. In determining how this requirement should be met, the Grant Recipient shall (and shall procure that its contractors shall) take account of sub-contractors public sector accountability and probity and shall not relieve document the Recipient of any of its obligations under the Agreementdecision making process.
4.7 5.6 Any liabilities arising at the end of the Project and which are not otherwise incorporated within the Project Programme, including but not limited to any redundancy liabilities for staff employed by the Recipient to deliver the Project, Project must be managed and paid for by the Grant Recipient using the Grant or other resources of the Recipient and not using the GrantGrant Recipient. There will be no additional funding available from the Secretary of State Authority for this purpose.
5.7 Should the Grant Recipient be subject to financial or other difficulties which are capable of having a material impact on its effective delivery of the Project or compliance with this Agreement it will notify the Authority as soon as possible so that, if possible, and without creating any legal obligation, the Authority will have an opportunity to provide assistance in resolving the problem or to take action to protect the Authority and the Grant monies.
5.8 The Grant Recipient shall notify the Authority of any failure by the Grant Recipient to comply with this Agreement immediately upon becoming aware of such failure.
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