10. Withholding, suspending and repayment of Grant
10.1 The Council's intention is that each instalment of the Grant will be paid to the Recipient in full. However, without prejudice to the Council's other rights and remedies, the Council may at its discretion withhold or suspend payment of the Grant and/or require repayment of all or part of the Grant if:
(a) the Recipient uses the Grant for purposes other than those for which they have been awarded
(b) the Council considers that the Recipient has not made satisfactory progress in using the Grant in respect of the Project
(c) the Recipient is, in the reasonable opinion of the Council, delivering the Project in a negligent manner
(d) the Recipient obtains duplicate funding from a third party for the Project
(e) the Recipient obtains funding from a third party which, in the reasonable opinion of the Council, undertakes activities that are likely to bring the reputation of the Council into disrepute
(f) the Recipient provides the Council with any materially misleading or inaccurate information
(g) the Recipient commits or committed a Prohibited Act
(h) any member of the Governing Body, employee or volunteer of the Recipient has (a) acted dishonestly or negligently at any time and directly or indirectly to the detriment of the Project or the Project; or (b) taken any actions which, in the reasonable opinion of the Council, bring or are likely to bring the Council's name or reputation into disrepute
(i) the Recipient ceases to operate for any reason, or it passes a resolution (or any court of competent jurisdiction makes an order) that it be wound up or dissolved (other than for the purpose of a bona fide and solvent reconstruction or amalgamation)
(j) the Recipient becomes insolvent, or it is declared bankrupt, or it is placed into receivership, administration or liquidation, or a petition has been presented for its winding up, or it enters into any arrangement or composition for the benefit of its creditors, or it is unable to pay its debts as they fall due
(k) the Recipient fails to comply with any of the terms and conditions set out in this Agreement and fails to rectify any such failure within 30 days of receiving written notice detailing the failure
(l) the Recipient has not used the Grant within 6 months (or such other time as the Council may decide) of expiry of each Grant Period to which that Grant was provided; or
(m) the Recipient concludes the Project without using all of the Grant provided to it by the Council.
10.2 Wherever under the Agreement any sum of money is recoverable from or payable by the Recipient (including any sum that the Recipient is liable to pay to the Council in respect of any breach of the Agreement), the Council may unilaterally deduct that sum from any sum then due, or which at any later time may become due to the Recipient under the Agreement or under any other agreement or contract with the Council.
10.3 Should the Recipient be subject to financial or other difficulties which are capable of having a material impact on it using the Grant for the Project or its compliance with this Agreement it will notify the Council as soon as possible so that, if possible, and without creating any legal obligation, the Council will have an opportunity to provide assistance in resolving the problem or to take action to protect the Council and the Grant monies.