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 ESFA 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 ESFA. 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 detailed in the Appendices, which shall have the same total number of pupil. 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 ESFA is under no obligation to provide any additional funding.