Common use of Subsidy Clause in Contracts

Subsidy. 25.1 This Agreement is drafted with the intention that it is lawful and: 25.1.1 complies with the requirements of the United Kingdom Competition Requirement; 25.1.2 assigns and imposes a public service obligation on the Grant Recipient to facilitate and enable the construction of the Housing Outputs; and 25.1.3 ensures the construction of the Housing Outputs. 25.2 The parties acknowledge that the Agreement Funding will only be provided where such payment is compliant with United Kingdom Competition Requirement. 25.3 The Grant Recipient shall ensure that it co-operates with Homes England in relation to compliance with United Kingdom Competition Requirement and if requested by Homes England it shall promptly provide Homes England with its and each Delivery Partner's books of account for the Works and Housing Outputs and any such other information, explanation and/or evidence (including procuring the same from any relevant third party) as Homes England may reasonably require to monitor compliance with the United Kingdom Competition Requirement. 25.4 If the Agreement Funding gives rise to an SPEI Overpayment or otherwise is found to constitute Unlawful Subsidy (or is under investigation, assessment or subject to judicial proceedings in relation to compliance with the United Kingdom Competition Requirement) then: 25.4.1 the parties acting in good faith will seek to restructure the arrangements surrounding the delivery of the Housing Outputs and the terms of this Agreement to the extent necessary to ensure compliance with the United Kingdom Competition Requirement; and/or 25.4.2 the parties shall promptly cooperate in good faith to provide evidence that the delivery of the Housing Outputs (or their restructured delivery) is or will be compliant with the United Kingdom Competition Requirement. 25.5 If the Agreement Funding and/or the delivery of the Housing Outputs gives rise to an SPEI Overpayment or otherwise constitutes Unlawful Subsidy and/or is not capable of being restructured so as to be compliant Homes England shall be entitled to recover from the Grant Recipient the amount of such SPEI Overpayment and/or Unlawful Subsidy together with such interest as it is required by Legislation to recover and the Grant Recipient must pay such amount(s) within ten (10) Business Days of Homes England requesting repayment. 25.6 The Grant Recipient shall promptly give written notice to Homes England of any Public Sector Funding it receives from a third party in relation to any AHP Housing. 25.7 If, following the date of this Agreement, Legislation requires Homes England to amend this Agreement to comply with a United Kingdom Competition Requirement then Homes England may, acting reasonably, provide written notice to the Grant Recipient to vary this Agreement to the extent necessary to comply with such change in Legislation. 25.8 In entering into this Agreement the Grant Recipient acknowledges and accepts the SPEI Entrustment and will procure that each of its Delivery Partners: 25.8.1 acknowledges and accepts the SPEI Entrustment (other than where such Delivery Partner is a local authority); 25.8.2 complies with the United Kingdom Competition Requirement; and 25.8.3 does not do or omit to do anything which would put Homes England in breach of any United Kingdom Competition Requirement

Subsidy. 25.1 20.1 This Agreement is drafted with the intention that it is lawful and: 25.1.1 and complies with the requirements of the United Kingdom Competition Requirement. 20.2 Where the Relevant Consortium Member is an RP Provider: 20.2.1 the Relevant Consortium Member acknowledges and accepts the SPEI Entrustment; 25.1.2 assigns and imposes a public service obligation on the Grant Recipient to facilitate and enable the construction of the Housing Outputs; and 25.1.3 ensures the construction of the Housing Outputs. 25.2 The parties acknowledge that the Agreement Funding will only be provided where such payment is compliant with United Kingdom Competition Requirement. 25.3 The Grant Recipient shall ensure that it co-operates with Homes England in relation to compliance with United Kingdom Competition Requirement and 20.2.2 if requested by Homes England it shall promptly provide Homes England with its and each Delivery Partner's books of account for the Works and Housing Outputs and any such other information, explanation and/or evidence (including procuring the same from any relevant third party) as Homes England may reasonably require to monitor compliance with the United Kingdom Competition Requirement. 25.4 If the Agreement Funding gives rise to an SPEI Overpayment or otherwise is found to constitute Unlawful Subsidy (or is under investigation, assessment or subject to judicial proceedings in relation to compliance with the United Kingdom Competition Requirement) then: 25.4.1 the parties acting in good faith will seek to restructure the arrangements surrounding the delivery of the Housing Outputs and the terms of this Agreement to the extent necessary to ensure compliance with the United Kingdom Competition Requirement; and/or 25.4.2 the parties shall promptly cooperate in good faith to provide evidence that the delivery of the Housing Outputs (or their restructured delivery) is or will be compliant with the United Kingdom Competition Requirement. 25.5 If the Agreement Funding and/or the delivery of the Housing Outputs gives rise to an SPEI Overpayment or otherwise constitutes Unlawful Subsidy and/or is not capable of being restructured so as to be compliant then Homes England shall be entitled to recover from the Grant Recipient Relevant Consortium Member the amount of such SPEI Overpayment and/or Unlawful Subsidy together with such interest as it is required by Legislation to recover and the Grant Recipient Relevant Consortium Member must pay such amount(s) within ten (10) Business Days of Homes England requesting repayment.; and 25.6 The Grant Recipient 20.2.3 the Relevant Consortium Member shall promptly give written notice to Homes England of any Public Sector Funding it receives from a third party in relation to any AHP Housing. 25.7 20.3 Where the Relevant Consortium Member is an LA Provider: 20.3.1 notwithstanding that the parties have entered into this Agreement with the objective that it is lawful and complies with the requirements of the United Kingdom Competition Requirement, if any Agreement Funding used by an LA Provider is found to constitute Unlawful Subsidy (or is under investigation by a Competent Authority or subject to judicial proceedings in relation to compliance with the requirements of the United Kingdom Competition Requirement) then: (a) the parties acting in good faith will promptly seek to restructure the arrangements surrounding such Agreement Funding and the terms of this Agreement to the extent necessary to ensure that no Unlawful Subsidy subsequently arises from it; and/or (b) the parties shall promptly cooperate in good faith to provide evidence that such Agreement Funding (or the restructured Firm Scheme Grant) does not or will not give rise to Unlawful Subsidy; and 20.3.2 if any Agreement Funding used by an LA Provider is found to constitute Unlawful Subsidy and/or is not capable of being restructured so as to be compliant then the Relevant Consortium Member must repay any sum of Unlawful Subsidy plus such interest as is prescribed by the United Kingdom Competition Requirement within ten (10) Business Days of Homes England issuing it with a written demand for payment. 20.4 If, following the date of this Agreement, Legislation requires Homes England to amend this Agreement to comply with a United Kingdom Competition Requirement then Homes England may, acting reasonably, provide written notice to the Grant Recipient Consortium to vary this Agreement to the extent necessary to comply with such change in Legislation. 25.8 In entering into this Agreement the Grant Recipient acknowledges and accepts the SPEI Entrustment and will procure that each of its Delivery Partners: 25.8.1 acknowledges and accepts the SPEI Entrustment (other than where such Delivery Partner is a local authority); 25.8.2 complies with the United Kingdom Competition Requirement; and 25.8.3 does not do or omit to do anything which would put Homes England in breach of any United Kingdom Competition Requirement

Subsidy. 25.1 This The Parties acknowledge that they have structured this Agreement is drafted with the intention objective that it is lawful and: 25.1.1 and complies with the requirements of the United Kingdom Competition Requirement; 25.1.2 assigns and imposes a public service obligation on the Grant Recipient to facilitate and enable the construction of the Housing Outputs; and 25.1.3 ensures the construction of the Housing Outputs. 25.2 The parties acknowledge that the Agreement Funding will only be provided where such payment is compliant with United Kingdom Competition Requirement. 25.3 The Grant Recipient shall ensure that it co-operates with Homes England in relation to compliance with United Kingdom Competition Requirement acknowledges and if requested by Homes England it shall promptly provide Homes England with its and each Delivery Partner's books of account for accepts the Works and Housing Outputs and any such other information, explanation and/or evidence (including procuring the same from any relevant third party) as Homes England may reasonably require to monitor compliance with the United Kingdom Competition Requirement. 25.4 SPEI Entrustment. If the Agreement Funding gives rise to an SPEI Overpayment or otherwise is found to constitute Unlawful Subsidy (or is under investigation, assessment or subject to judicial proceedings in relation to compliance with the United Kingdom Competition Requirement) then: 25.4.1 the parties acting in good faith will seek to restructure the arrangements surrounding the delivery of the Housing Outputs and the terms of this Agreement to the extent necessary to ensure compliance with the United Kingdom Competition Requirement; and/or 25.4.2 the parties shall promptly cooperate in good faith to provide evidence that the delivery of the Housing Outputs (or their restructured delivery) is or will be compliant with the United Kingdom Competition Requirement. 25.5 If the Agreement Funding and/or the delivery of the Housing Outputs gives rise to an SPEI Overpayment or otherwise constitutes Unlawful Subsidy and/or is not capable of being restructured so as to be compliant then Homes England shall be entitled to recover from the Grant Recipient the amount of such SPEI Overpayment and/or Unlawful Subsidy together with such interest as it is required by Legislation to recover and the Grant Recipient must pay such amount(s) within ten (10) Business Days of Homes England requesting repayment. 25.6 25.3 The Grant Recipient shall promptly give written notice to Homes England of any Public Sector Funding it receives from a third party in relation to any AHP RSAP Housing. 25.7 25.4 If, following the date of this Agreement, Legislation requires Homes England to amend this Agreement to comply with a United Kingdom Competition Requirement then Homes England may, acting reasonably, provide written notice to the Grant Recipient to vary this Agreement to the extent necessary to comply with such change in Legislation. 25.8 In entering into 25.5 Notwithstanding anything in this Agreement Agreement: 25.5.1 Homes England shall only provide Firm Scheme Grant to the extent that such does not give rise to Unlawful Subsidy; and 25.5.2 the Grant Recipient acknowledges and accepts must comply with the SPEI Entrustment and will procure that each requirements of its Delivery Partners: 25.8.1 acknowledges and accepts the SPEI Entrustment (other than where such Delivery Partner is a local authority); 25.8.2 complies with the United Kingdom Competition Requirement; and 25.8.3 does not do or omit to do anything which would put Homes England Requirement (where applicable) in breach respect of any Firm Scheme Grant paid. 25.6 If any Firm Scheme Grant is found to constitute Unlawful Subsidy and/or is not capable of being restructured so as to be compliant then the Grant Recipient must repay the Unlawful Subsidy plus such interest as is prescribed by the United Kingdom Competition RequirementRequirement to Homes England within ten (10) Business Days of Homes England issuing the Grant Recipient with a written demand for payment.

Subsidy. 25.1 This 26.1 The Parties acknowledge that they have structured this Agreement is drafted with the intention objective that it is lawful and: 25.1.1 and complies with the requirements of the United Kingdom Competition Requirement. 26.2 Where the Lead Partner is an RP Provider: 26.2.1 the Lead Partner acknowledges and accepts the SPEI Entrustment; 25.1.2 assigns and imposes a public service obligation on the Grant Recipient to facilitate and enable the construction of the Housing Outputs; and 25.1.3 ensures the construction of the Housing Outputs. 25.2 The parties acknowledge that the Agreement Funding will only be provided where such payment is compliant with United Kingdom Competition Requirement. 25.3 The Grant Recipient shall ensure that it co-operates with Homes England in relation to compliance with United Kingdom Competition Requirement and 26.2.2 if requested by Homes England it shall promptly provide Homes England with its and each Delivery Partner's books of account for the Works and Housing Outputs and any such other information, explanation and/or evidence (including procuring the same from any relevant third party) as Homes England may reasonably require to monitor compliance with the United Kingdom Competition Requirement. 25.4 If the Agreement Funding gives rise to an SPEI Overpayment or otherwise is found to constitute Unlawful Subsidy (or is under investigation, assessment or subject to judicial proceedings in relation to compliance with the United Kingdom Competition Requirement) then: 25.4.1 the parties acting in good faith will seek to restructure the arrangements surrounding the delivery of the Housing Outputs and the terms of this Agreement to the extent necessary to ensure compliance with the United Kingdom Competition Requirement; and/or 25.4.2 the parties shall promptly cooperate in good faith to provide evidence that the delivery of the Housing Outputs (or their restructured delivery) is or will be compliant with the United Kingdom Competition Requirement. 25.5 If the Agreement Funding and/or the delivery of the Housing Outputs gives rise to an SPEI Overpayment or otherwise constitutes Unlawful Subsidy and/or is not capable of being restructured so as to be compliant then Homes England shall be entitled to recover from the Grant Recipient the amount of such SPEI Overpayment and/or Unlawful Subsidy together with such interest as it is required by Legislation to recover and the Grant Recipient must pay such amount(s) within ten (10) Business Days of Homes England requesting repayment.; and 25.6 The Grant Recipient 26.2.3 the Lead Partner shall promptly give written notice to Homes England of any Public Sector Funding it and any other Relevant Consortium Member receives from a third party in relation to any AHP RSAP Housing. 25.7 26.3 Where the Lead Partner is an LA Provider: 26.3.1 the Parties acknowledge the initial transfer of the Firm Scheme Grant from Homes England to the Lead Partner shall not constitute a Subsidy as a public to public non-economic award. 26.3.2 when the Lead Partner directs the Firm Scheme Grant towards its delivery of the RSAP Housing activity then it: (a) shall assess whether a Subsidy arises and if so, shall meet the relevant requirements for a Service of Public Economic Interest under the United Kingdom Competition Requirement, including but not limited to putting in place an appropriate SPEI Entrustment; (b) agrees to allow Homes England to conduct an SPEI Review and to recover any SPEI Overpayment within ten (10) Business Days of notice being served; and (c) shall collect and retain documents which record that an appropriate assessment has been made. 26.4 Where the Lead Partner directs the Firm Scheme Grant towards RSAP Housing activity undertaken by any third party (including a Relevant Consortium Member), then it: 26.4.1 shall assess whether a Subsidy arises and if so, shall apply the relevant requirements for a Service of Public Economic Interest under the United Kingdom Competition Requirement, including but not limited to putting in place an appropriate SPEI Entrustment; 26.4.2 agree appropriate conditions to allow Homes England to conduct a SPEI Review and recover any SPEI Overpayment within ten (10) Business Days of notice being served; and 26.4.3 ensure the collection and retention of documents which record that an appropriate assessment has been made. 26.5 If, following the date of this Agreement, Legislation requires Homes England to amend this Agreement to comply with a United Kingdom Competition Requirement then Homes England may, acting reasonably, provide written notice to the Grant Recipient Consortium to vary this Agreement to the extent necessary to comply with such change in Legislation. 25.8 In entering into 26.6 Notwithstanding anything in this Agreement the Grant Recipient acknowledges and accepts the SPEI Entrustment and will procure that each of its Delivery PartnersAgreement: 25.8.1 acknowledges and accepts 26.6.1 Homes England shall only provide Firm Scheme Grant to the SPEI Entrustment (other than where extent that such Delivery Partner is a local authority);does not give rise to Unlawful Subsidy; and 25.8.2 complies 26.6.2 the Consortium Members must comply with the requirements of the United Kingdom Competition Requirement; and 25.8.3 does not do or omit to do anything which would put Homes England Requirement (where applicable) in breach respect of any Firm Scheme Grant paid. 26.7 If any Firm Scheme Grant is found to constitute Unlawful Subsidy and/or is not capable of being restructured so as to be compliant then the Lead Partner or Consortium Member (as applicable) must repay the Unlawful Subsidy plus such interest as is prescribed by the United Kingdom Competition RequirementRequirement to Homes England within ten (10) Business Days of Homes England issuing it with a written demand for payment.

Subsidy. 25.1 This Agreement is drafted with the intention that it is lawful and: 25.1.1 complies with the requirements of the United Kingdom Competition Requirement; 25.1.2 assigns and imposes a public service obligation on the Grant Recipient to facilitate and enable the construction of the Housing Outputs; and 25.1.3 ensures the construction of the Housing Outputs. 25.2 The parties acknowledge that the Agreement Funding will only be provided where such payment is compliant with United Kingdom Competition Requirement. 25.3 The Grant Recipient shall ensure that it co-operates with Homes England in relation to compliance with United Kingdom Competition Requirement and if requested by Homes England it shall promptly provide Homes England with its and each Delivery Partner's books of account for the Works and Housing Outputs and any such other information, explanation and/or evidence (including procuring the same from any relevant third party) as Homes England may reasonably require to monitor compliance with the United Kingdom Competition Requirement. 25.4 If the Agreement Funding gives rise to an SPEI Overpayment or otherwise is found to constitute Unlawful Subsidy (or is under investigation, assessment or subject to judicial proceedings in relation to compliance with the United Kingdom Competition Requirement) then: 25.4.1 the parties acting in good faith will seek to restructure the arrangements surrounding the delivery of the Housing Outputs and the terms of this Agreement to the extent necessary to ensure compliance with the United Kingdom Competition Requirement; and/or 25.4.2 the parties shall promptly cooperate in good faith to provide evidence that the delivery of the Housing Outputs (or their restructured delivery) is or will be compliant with the United Kingdom Competition Requirement. 25.5 If the Agreement Funding and/or the delivery of the Housing Outputs gives rise to an SPEI Overpayment or otherwise constitutes Unlawful Subsidy and/or is not capable of being restructured so as to be compliant Homes England shall be entitled to recover from the Grant Recipient the amount of such SPEI Overpayment and/or Unlawful Subsidy together with such interest as it is required by Legislation to recover and the Grant Recipient must pay such amount(s) within ten (10) Business Days of Homes England requesting repayment. 25.6 The Grant Recipient shall promptly give written notice to Homes England of any Public Sector Funding it receives from a third party in relation to any AHP Housing. 25.7 If, following the date of this Agreement, Legislation requires Homes England to amend this Agreement to comply with a United Kingdom Competition Requirement then Homes England may, acting reasonably, provide written notice to the Grant Recipient to vary this Agreement to the extent necessary to comply with such change in Legislation. 25.8 In entering into this Agreement the Grant Recipient acknowledges and accepts the SPEI Entrustment and will procure that each of its Delivery Partners: 25.8.1 acknowledges and accepts the SPEI Entrustment (other than where such Delivery Partner is a local authority)Entrustment; 25.8.2 complies with the United Kingdom Competition Requirement; and 25.8.3 does not do or omit to do anything which would put Homes England in breach of any United Kingdom Competition Requirement