Common use of The Activities Clause in Contracts

The Activities. 2.1 The maximum value as shown in Appendix 1 – Payment Schedule may not be exceeded for any reason except by an agreed variation in writing to the Funding Agreement. THE EFA will not be liable to make any payment in excess of the maximum values set out in Appendix 1 – Payment Schedule or as varied in writing. Where the Funding Agreement period is longer than one year, funding for subsequent years is subject to funds being made available to THE EFA. 2.2 The Activities are to be provided in accordance with any specific requirements submitted by THE NMSS and the Appendices and Annexes to this Schedule which sets out the activity and/or scheduled payment profiles for the Activities agreed by the Parties, which all form part of the terms and conditions of the Funding Agreement. 2.3 THE NMSS agrees to deliver learning to the number of pupil and students detailed in the Appendices, which shall have the same total number of pupil and students. For the avoidance of doubt the overall maximum value shown at Appendix 1 may not be exceeded and should the calculated value of the volumes provided exceed the maximum Funding Agreement value then THE EFA is under no obligation to provide any additional funding. 2.4 Where THE EFA identifies that THE NMSS is failing to deliver learning to the volume of pupil and students for any Learning Programme set out in Appendices of Schedule 1 of this Funding Agreement it reserves the right in its absolute discretion to reduce the overall maximum value for that Learning Programme. 2.5 Unless otherwise stated the Funding and Activity described in the Appendices of Schedule 1 of this Funding Agreement relate exclusively to the 2016 to 2017 Academic Year. 1 Funding Agreement Details 2 Payment, Review and Reconciliation 3 Payment Process 4 Evidence