2021-06-08 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA    8 JUNE 2021




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                 8 JUNE 2021

            for the NBRF program. NBRF must maintain financial records in accordance with legislative
            requirements that identify receipt and expenditure of the Funding for the NBRF so that at all
            times the Funding for the NBRF program is identifiable and ascertainable.
       d)   If required by Council, provide ad-hoc reports within 30 days of such request, or such lesser
            period, setting out:
           i)     Any significant developments in or concerning the NBRF program;
            ii)   Any significant delays or difficulties encountered in performing the NBRF program in
                  accordance with this Agreement; and
       e)   NBRF must permit the Council or its agent or representative to have access to NBRF's records
            relating to Funding provided by Council and must cooperate with any audit or information
            request carried out or requested by Council.
      f)    For avoidance of doubt, the above paragraphs survive the expiration or earlier termination of this
            Agreement, except for paragraph d).
       7     MANAGEMENT OF COUNCIL FUNDING
       7.1.  Use of funding
       a) | NBRF must only expend the Funding:
            i)    For undertaking the NBRF program and purposes that are necessarily related to the
                  program, for which the Funding was provided; and
             ii)  Otherwise in accordance with the terms and conditions of this Agreement.
       b)    NBRF must not use the Funding, any interest acquired with the Funds, any assets or the
             existence of this Agreement as any form of security for any purpose, unless the Council has
             given its prior written approval.
       7.2   Repayment of funding
       a)    If NBRF fails to remedy a failure to comply with this Agreement in a substantial respect within 30
             days, or such longer period as the Council stipulates, after receiving notice requiring it to do so,
             NBRF is liable, on demand from Council to repay to the Council the whole of the unspent Funding
             provided for the NBRF program (or the amount of Funding paid as the case may be) for any year
             in which the failure to comply or the failure to remedy occurred;
       b) — If NBRF fails to fulfil a term of this Agreement, or part of it, on the NBRF program, NBRF is,
             subject to paragraph d) of this clause, liable to repay to the Council the amount of unspent
             money and the Council may recover that money from NBRF as a debt due to the Council; and
       Cc)   If NBRF fails to spend the Funding, or part of it, on the NBRF program, NBRF is, subject to
             paragraph d) of this clause, liable to repay to the Council the amount of unspent money and
             the Council may recover that money from NBRF as a debt due to the Council.
       d)    _—iIf, at the end of the term of this Agreement, some of the Funding has not been spent or
             committed to legitimate contingency and reserves, that amount must be repaid to the Council
             (andthe amount may be recovered as a debt due to the Council), unless the Council provides
             written permission for all, or some, of the amount to be spent in some other manner that
             Council directs.

      8     INTELLECTUAL PROPERTY
      8.1   Intellectual property in council material
      a) | The Council will retain ownership of all Council Material, including Intellectual Property in that
            Council Material, but grants NBRF a royalty-free world wide, non-exclusive licence, (including a
            right of sub-licence to a third party), to use, reproduce, adapt and exploit the Council Material on
            the condition that this licence is only granted for the purposes of this Agreement.
      b) | The above mentioned licence may be terminated by the Council immediately upon written notice

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