5.5 Management of Funds
The Recipient must:
(a) ensure that the Funds are held in an account in the Recipient’s name and which the Recipient solely controls;
(b) if specified in Item 3.4 of the Project Particulars, ensure that the account referred to in clause 5.5(a) is:
(i) established solely for the purposes of this Agreement; and
(ii) separate from the Recipient’s other operational accounts; and
(c) identify the receipt and expenditure of the Funds separately within the Recipient’s accounts and records so that the Funds are identifiable at all times.
5.6 Repayment of Funds
If:
(a) on expiry or on any earlier termination of this Agreement, any or all of the Funds:
(i) have not been spent or committed in accordance with this Agreement; or
(ii) cannot, by reconciliation between the accounts and records maintained by the Recipient and the Project Budget, be shown, to the reasonable satisfaction of the Department, to have been spent or committed in accordance with this Agreement; or
(b) at any time the Department forms the reasonable opinion that any Funds have been used, spent or committed by the Recipient other than in accordance with this Agreement,
the Department may by written notice to the Recipient:
(c) require the Recipient to repay that part of the Funds, and the Recipient must repay to the Department the amount set out in the notice, within 20 Business Days of receipt of the notice;
(d) deduct an equivalent amount from the Funds payable to the Recipient pursuant to this Agreement or from any other amounts payable to the Recipient under any other agreement with the Department; or
(e) require the Recipient to use all or part of those Funds as the Department in its sole and unfettered discretion sees fit.
5.7 Failure to repay Funds
At the Department’s absolute discretion, and without prejudice to any other rights available to the Department under this Agreement or at Law or in equity, if the Recipient fails to repay the Funds in accordance with a notice issued under clause 5.6(c):
(a) the Department may require the Recipient to pay the Department Interest on the amount set out in the notice from the date it was due, for the period it remains unpaid; and
(b) the amount set out in the notice, and Interest owed under clause 5.7(a), will then be recoverable by the Department as a debt due from the Recipient.