Meeting papers

     b)   Provide an audited financial report for the financial year and submit it to Council
          no later than February each year, in line with ZEN Inc’s current reporting period for
          the preceding year.

          i)    The audited financial report is to identify the use of the Funding provided by
                Council for the ZEN Inc Activities. ZEN Inc must maintain financial records in
                accordance with legislative requirements that identify receipt and expenditure
                of the Funding for ZEN Inc so that, at all times, Funding for the ZEN Inc
                program is identifiable and ascertainable.

     c)   If required by Council, provide ad-hoc reports within 30 days of such request, or
          lesser period setting out:

          i)    Any significant developments in or concerning the ZEN Inc activities; and,
          ii) Any significant delays or difficulties encountered in performing the ZEN Inc
                program in accordance with this Agreement.
     d)   ZEN Inc must permit Council or its agent or representative to have access to ZEN
          Inc’s records relating to funding provided by Council and must cooperate with any
          audit or information request carried out or requested by Council.

10 MANAGEMENT OF COUNCIL FUNDING

10.1 Use of Funding
   a) ZEN Inc must only expend the Funding:

          i)    For undertaking the ZEN Inc Activities and purposes that are necessarily
                related to the program, for which the Funding was provided;

          ii)   To achieve the KPIs in its Annual Operational Plan; and

          iii) Otherwise in accordance with the terms and conditions of this Agreement

   b) ZEN Inc must not use the Funding, any interest acquired from the Funds, any Assets
      or the existence of this Agreement as any form of security for any purpose, unless
      Council has given its prior written approval.

10.2 Repayment of funding
   a) If ZEN Inc breaches a term of this Agreement and is issued a Show Cause Notice by
      Council in accordance with clause 14.1 and fails to remedy a breach within the
      timeframe stipulated in the notice, ZEN Inc is liable, on demand from Council to
      repay to Council the whole of the unspent Funding provided to ZEN Inc (or the
      amount of Funding paid as the case may be).
   b) If ZEN Inc fails to achieve, or only partly completes an Activity or KPI, and is issued a
      Show Cause Notice by Council in accordance with clause 14.1 and fails to comply
      with the notice within the timeframe stipulated, ZEN Inc is, subject to paragraph d) of
      this clause, liable to repay to Council the amount of unspent money as at the date of
      the Show Cause Notice and Council may recover that money from ZEN Inc as a debt
      due to Council;
   c) If ZEN Inc fails to spend the Funding, or any part of it, on the ZEN Inc Activities or
      KPIs (Misapplied Funds), ZEN Inc is, subject to paragraph d) of this clause, liable to

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