1. FUNDING AND INVOICING
1.1 The Recipient must not issue a Tax Invoice in respect of a Taxable Supply.
2. PROVISION OF INFORMATION
2.1 If DTF reasonably suspects that the Recipient was not eligible for the Grant, it may request additional information from the Recipient and the Recipient must promptly comply with such request.
3.1 The Recipient must allow any officer or person authorised by DTF on the giving of reasonable notice, to enter the premises of and to inspect the operations of the Recipient (including premises, accounting records, documents and information) and interview the Recipient’s personnel on matters pertaining to the operations of the Recipient and the Recipient’s eligibility for the Grant.
4. DEFAULT AND TERMINATION
4.1 If DTF determines that the Recipient:
(a) provided false or misleading information in its Grant application;
(b) is otherwise ineligible for the Grant; or
(c) has failed to comply with this Agreement at any time;
DTF may upon giving written notice to the Recipient:
(d) require the Recipient to repay either the whole or a portion of the Grant (whether expended or not) within 30 days of a written demand from DTF, and the Recipient will comply with such demand;
(e) withhold funds not already paid;
(f) withhold future funding from the Recipient; and/or
(g) terminate this Agreement.
5. EFFECT OF ENDING THIS AGREEMENT
5.1 Any termination of this Agreement does not affect any accrued right of either Party.
5.2 Despite termination or expiry of this Agreement, this clause 5 and clauses 2, 3, 4, 6 and 7, will survive.
6. CONTRACT DISCLOSURE
6.1 DTF may disclose this Agreement and/or information in relation to this Agreement in either printed or electronic form, and either generally to the public or to a particular person as a result of a specific request.
6.2 Nothing in this clause derogates from:
(a) the Recipient’s obligations under any provisions of this Agreement; or
(b) the provisions of the Freedom of Information Act 1991 (SA).
7. GOVERNING LAW AND JURISDICTION
7.1 This Agreement is governed by the laws in the State of South Australia.
7.2 The courts of the State of South Australia have exclusive jurisdiction in connection with this Agreement.
8. ENTIRE AGREEMENT
8.1 This Agreement constitutes the entire agreement between the Parties in respect of the matters dealt with in this Agreement and supersedes all prior agreements, understanding and negotiations in respect of the matters dealt with in this Agreement.
9. NO ASSIGNMENT
9.1 The Recipient must not assign, encumber or otherwise transfer any of its rights or obligations under this Agreement without the written approval of DTF.
10.1 No addition to or modification of any provision of this Agreement will be binding upon the Parties unless agreed by the Parties in writing.
11. NO FURTHER OBLIGATION
11.1 The Recipient acknowledges that the Grant represents a one-off payment by DTF, and DTF is under no obligation to agree to pay any subsequent funding to the Recipient.
12.1 In this Agreement (unless the context requires otherwise):
(a) a reference to any legislation includes:
(i) all legislation, regulations and other forms of statutory instrument issued under that legislation; and
(ii) any modification, consolidation, amendment, re-enactment or substitution of that legislation;
(b) a word in the singular includes the plural and a word in the plural includes the singular;
(c) a reference to two or more persons is a reference to those persons jointly and severally;
(d) a reference to dollars is to Australian dollars;
(e) a reference to a Party includes that party’s administrators, successors and permitted assigns.
In this Agreement:
(a) “Agreement” includes these Grant Terms and Conditions and the Grant application form.
(b) “DTF” means the Treasurer of South Australia acting through the Department of Treasury and Finance;
(c) “Grant” means the Business Hardship Grant – Additional Round – January 2022 received by the Recipient From DTF;
(d) “Party” means a party to this Agreement;
(e) “Recipient” means the business that has applied for and received the Grant.