1. The Grantee and Project Partner must use the Grant funds exclusively for the charitable purposes stated in Part A of the Schedule ("Specified Purposes") and must hold the Grant upon trust for The Foundation until the Grant is from time to time used for the Specified Purposes.
2. Unless The Foundation otherwise consents in writing, not to be unreasonably withheld, any part of the Grant not used for the Specified Purposes within 60 days of the project end date identified in the grant application, must be returned to The Foundation.
3. The Grantee must immediately return all or any part of the unused Grant to The Foundation if requested by The Foundation in circumstances where The Foundation reasonably forms the view that the Grant is not or will not be used for the Specified Purposes or is otherwise being used contrary to the purpose of the Grant.
4. The Grantee must complete a Project Completion report on the use of the Grant for the Specified Purposes. The Foundation may include or refer to the information in the Project Completion Report in its own annual report, in any reports to the Commonwealth Government, or may otherwise publicise the information, in conjunction with the Donor.
The Grantees report must state how the Grant has been spent; outline the outcomes and achievements of the Specified Purposes; and be provided to The Foundation within 60 days of the end date of the project identified in the grant application or any instalment of the Grant or as otherwise notified by The Foundation. The Grantee will provide such further information as may be reasonably requested from time to time by The Foundation. Including the provision of receipts for all funds received from the grant and expended within the project.
5. The Grantee permit The Foundation an irrevocable, royalty-free, non-exclusive license to use all information, photos and media releases relevant to or arising from the Specified Purposes irrespective of the form it takes including software, promotional, educational, training, research and reporting material. If requested by The Foundation, the Grantee will bring into existence, sign, execute or otherwise deal with any document that is required to give effect to this clause.
The words Community Enterprise Foundation and/or "Bendigo Bank" and their logos needs to be used if requested by the grantee. All use of logo must be signed-off in writing prior to use. The Grantee must not make any media statements on behalf of Community Enterprise Foundation and/or "Bendigo Bank" without written approval.
6. The Grantee represent and warrant to The Foundation that its interest in the information and materials referred to above does not breach any intellectual property ownership rights of any third party.
7. To the fullest extent permitted by law, The Foundation is not liable for any loss (including consequential loss) caused by or resulting from the Grantee use of the Grant, any breach of this Grant Agreement by the Grantee, or any wrongful, wilful or negligent act or omission by the Grantee or any of their employees, agents or contractors.
8. The Grantee indemnifies The Foundation from and against all liabilities, claims, losses, damages, costs and expenses (including legal fees) which The Foundation or any other person may incur or suffer in respect of any breach of this Grant Agreement by The Grantee , or any wrongful, wilful or negligent act or omission by The Grantee or any of its employees, agents or contractors in relation to the Grant .
9. The Foundation indemnifies The Grantee from and against all liabilities, claims, losses, damages, costs and expenses (including legal fees) which The Grantee or any other person may incur or suffer, in respect of any breach of this Grant Agreement by The Foundation , or any wrongful, wilful or negligent act or omission by The Foundation or any of its employees, agents or contractors in relation to the Grant .
10. The Grantee must provide The Foundation with a written receipt for the Grant within 7 days after receiving the Grant payment.
11. You warrant and represent by ticking the box to accept these terms and conditions that you have the power and authority to do so on behalf of the Grantee or Project Partner (as appropriate).
12. Every other clause of this Grant Agreement is subject to the terms of this clause 11. If any term of this Agreement is regulated by legislation relating to unfair contract terms and The Foundation is advantaged by that term, The Foundation may only exercise its rights under that term to the extent (if any) reasonably necessary to protect its legitimate interests. Words used in this clause have the same meanings as under the applicable legislation.
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