In accepting a grant offer from the Community Foundation, grantees agree to do the following:
The Community Foundations for Lancashire and Merseyside reserve the right to recall all or part of the grant if the Applicant/Grant Recipient fails to meet one or more of these conditions and that significant breaches may result in criminal proceedings.
1) An Event of Default occurs if:
a) You fail to comply with any term or condition of this Grant Agreement;
b) You fail to complete the Project or have failed to make satisfactory progress with the Project or any part of it, in accordance with any agreed timetable;
c) Any information given or representations made by You to Us is found to be incorrect or incomplete to an extent which We reasonably consider to be material;
d) You fail to take adequate measures to investigate and resolve any reported Financial Irregularity;
e) You cease to operate and / or change the nature of Your operations to an extent which we reasonably consider to be material, including if You (or any substantial part
of Your operations) merge with or are taken over by another organisation;
f) Before the end of the Funding Period You:
i) are subject to a proposal for a voluntary arrangement or have a petition for an administration order or a winding up order brought against You;
ii) pass a resolution to wind up Your business;
iii) make any composition, arrangement, conveyance or assignment for the benefit of Your creditors, or purport to do the same; or
iv) are subject to the appointment of a receiver, administrator or liquidator; or
v) are unable to pay Your debts as they fall due;
g) You receive funding from any other source for the Eligible Expenditure which is funded by the Grant;
h) You are involved in illegal activity in Your administration of the Project;
i) You take any actions which in Our reasonable opinion are likely to bring Our name or reputation, or that of the wider government, into disrepute, or which pose a risk to
public money; or
j) You are otherwise in material breach of this Grant Agreement.
2) If an Event of Default occurs, We may, at Our discretion:
a) suspend and withhold the payment of Grant for such period as We may determine;
b) require You to repay all or any part of the Grant that has been paid to You (or such lesser amount as We may determine) by issuing a demand for repayment. Prior to
issuing such a demand, We may (at Our sole discretion) give You an opportunity to rectify such breach or occurrence, delay or defer any further payments of Grant
instalments to You until such time as the breach has been remedied; and/or
c) terminate this Grant Agreement by serving written notice where the Event of Default is incapable of being remedied or is not remedied within such reasonable period as
We may determine.
Definitions and Interpretation
Duplicate Funding means funding provided by a Third Party to the Grant Recipient, which is for the same purpose for which the Grant was made, but has not been declared to the Grant Maker.
Payment of Grant
â— The Grant Recipient agrees that it will not apply for, or obtain, Duplicate Funding in respect of any part of the Funded Activities which have been paid for in full using the
â— The Grant Recipient shall promptly notify and repay immediately to the Grant Maker any money incorrectly paid to it either as a result of an administrative error or
otherwise. This includes (without limitation) situations where the Grant Recipient is paid in error before it has complied with its obligations under the Grant Funding
Agreement. Any sum, which falls due under this paragraph, shall fall due immediately. If the Grant Recipient fails to repay the due sum immediately [or within any other timeframe specified by the Grant Maker] the sum will be recoverable summarily as a civil debt.
The Applicant/Grant Recipient understands that providing false or misleading information on their application or subsequent communications related to this
fund could lead to funds being withheld or [subsequently] recovered. Civil or criminal proceedings may be considered in the event of non-compliance. Post grant award
assurance work will be completed to discover and recover fraudulent funds.