Common use of Deliverability Clause in Contracts

Deliverability. 2.1 No person having any Security over the property or any other assets of the Grant Recipient, a Delivery Partner or a Group Company has enforced or given notice of its intention to enforce such Security 2.2 All necessary Consents as are currently required have been obtained or will by the date by which Practical Completion is achieved be obtained and to the extent that such Consents have been obtained they have not been withdrawn. 2.3 It is not aware, after due enquiry, of anything which materially threatens the success or successful completion of the intention or purpose of this Agreement. 2.4 The Grant Recipient, Delivery Partner or Group Company (as applicable) has or will have sufficient legal control of each Site to enable Practical Completion of the Housing Outputs to be achieved on it. 2.5 It will procure that all Works have been and will be undertaken in a way to ensure that the Housing Outputs meet the Required Standards and permits the delivery of the Housing Outputs in accordance with the Agreed Profile and the terms of this Agreement. 2.6 All Active Sites are or will by the point of submission of any Payment Request which relates to them be free from any conditions, restrictions or covenants which do or will affect the right to carry out the Works or the successful delivery of the Housing Outputs on them or the Grant Recipient holds a written waiver from Homes England in respect of the subject matter of this warranty in respect of any Active Sites to which the Payment Request relates. 2.7 It shall take all reasonable steps to satisfy Homes England that it, each Delivery Partner, and any Contractor employed in connection with the Works is suitable and competent in all material respects to allow the proper performance of all necessary work or tasks in relation to the Works. 2.8 No Non-HAPA Social Rent Dwelling has benefitted from any Agreed Grant Rate referable to a HAPA Social Rent Dwelling (unless otherwise agreed by Homes England). 2.9 The Grant Recipient is not in breach of its Transparency Obligations. 2.10 Save where expressly agreed by Homes England, all AHP Dwellings will be let or disposed of (as applicable) in accordance with the terms of the applicable Firm Scheme Details.