Provision Language
3.Project management
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3.7 Further to clause 3.3, if the progress of the Project varies substantially from the objectives set out in the Proposal this may amount to a breach of this Agreement and GOSH Charity reserves the right to withdraw the Grant. If GOSH Charity decides to withdraw the Grant, the Grant Holder and the Host Institution will be given 28 days to appeal before the Grant is terminated. (Refer to clause 13 for further information on termination).
4. Employment of staff
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4.2 Budget planning should take proper account of the time taken to appoint any new members of staff and this should be accurately reflected in the cash flow forecast. GOSH Charity must be kept informed of any issues that are likely to affect the proposed timings of the project delivery, including delays to staff appointments. GOSH Charity reserves the right to terminate the Grant in line with the agreed Termination clause (see clause 13) where significant delay to the Project is deemed unacceptable by GOSH Charity’s Grants Committee.
8. Good scientific practice and compliance with laws
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8.2 In the event of fraud occurring, GOSH Charity wishes to make it clear that it is the responsibility of the Host Institution to investigate. If a case of fraud is suspected in the course of the Project then GOSH Charity must be notified immediately and kept informed of all developments. The Grant would normally be suspended pending full investigation. If fraud is proven the Grant would be terminated immediately.
13. Termination
13.1 If the Grant Holder and/or the Host Institution fail to comply with their obligations contained within this Agreement and any failure (if capable of being remedied) remains unremedied for 28 days after notice is served by GOSH Charity, GOSH Charity shall be entitled to terminate the Grant on three months’ written notice. In this event, GOSH Charity may elect to meet the Host Institution’s reasonable costs necessary to discharge such the obligations detailed within the original Project budget submitted as part of the Proposal which cannot be cancelled and which exist at the time of termination.
13.2 In addition to clause 3.7 and 8.2, GOSH Charity may terminate the Grant forthwith if:
13.2.1 The Host Institution and/or the Grant Holder does anything which in the reasonable opinion of GOSH Charity brings or is likely to bring the Trade Marks or reputation of GOSH Charity into disrepute;
13.2.2 A resolution is passed for the voluntary or compulsory liquidation of the Host Institution or if a receiver is appointed over all or part of its business.
13.3 On termination of the Grant pursuant to clauses 3.7, 8.2, 13.1, 13.2 or 14 of this Agreement the Host Institution and the Grant Holder will forthwith cease to use GOSH Charity’s Trade Mark in connection with the Project, unless otherwise agreed by GOSH Charity in writing, and GOSH Charity reserves the right, in exceptional circumstances, to request a return of some or all of the Grant paid to date.
13.4 On termination of the Grant pursuant to clauses 13.2, the Host Institution shall be responsible for the costs necessary to discharge such the obligations detailed within the original Project budget submitted as part of the Proposal which cannot be cancelled and which exist at the time of termination.
13.5 In the event that the Grant Holder ceases to be employed by the Host Institution GOSH Charity may elect to terminate this Agreement, and in the event that termination is caused by the Grant Holder moving to another institution the Host Institution shall cooperate fully with GOSH Charity, the Grant Holder and their new institution to facilitate successful completion of the Project.
14. Force majeure
14.1 Neither GOSH Charity or the Host Institution or Grant Holder will be liable if delayed in or prevented from performing its obligations hereunder due to a Force Majeure Event, provided that it promptly notifies the other of the Force Majeure Event and its expected duration, and uses reasonable endeavours to minimise the effects of that event.
14.2 If, due to Force Majeure Event, GOSH Charity or the Host Institution or Grant Holder is unable to perform a material obligation, or is delayed in or prevented from performing its obligations for a continuous period of more than 30 days, the other party may, within a further 10 days terminate this Agreement on notice, otherwise this Agreement shall continue in full force and effect.
14.3 For the purposes of this Agreement, Force Majeure Event shall mean, an event or sequence of events beyond a party’s reasonable control (which could not reasonably have been anticipated and avoided by a party) preventing or delaying it from performing its obligations here-under, including without limitation war, revolution, terrorism, riot or civil commotion, or precautions against any such; strikes, lock outs or other industrial action, whether of the affected party’s own employees or others; blockage or embargo; acts of or restrictions imposed by government or public authority; explosion, fire, corrosion, flood, natural disaster, or adverse weather conditions.