The Project Funding Agreement is a critical legal instrument used in New Zealand when one party (the funder) agrees to provide financial support to another party (the recipient) for a specific project or initiative. This document is essential for both private and public sector funding arrangements, ensuring compliance with New Zealand's Contract and Commercial Law Act 2017 and related financial regulations. The agreement typically includes detailed provisions for funding disbursement, project milestones, reporting requirements, and accountability measures. It's particularly relevant for organizations seeking or providing structured project funding, whether for research, development, infrastructure, or community initiatives. The document serves as a comprehensive framework that protects both parties' interests while ensuring transparent and effective project delivery.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context and purpose of the funding agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Purpose of Funding: Clearly states the specific purpose for which the funding is being provided
5. Amount and Payment Terms: Details the funding amount, payment schedule, and conditions for payment
6. Project Deliverables: Specifies the required outputs, outcomes, and timeline for the project
7. Obligations of the Recipient: Sets out the responsibilities and commitments of the funding recipient
8. Reporting Requirements: Details the financial and progress reporting obligations
9. Records and Auditing: Specifies record-keeping requirements and rights of audit
10. Intellectual Property: Addresses ownership and rights regarding project-related IP
11. Confidentiality: Establishes confidentiality obligations for both parties
12. Term and Termination: Specifies agreement duration and termination provisions
13. Dispute Resolution: Outlines the process for resolving disputes
14. General Provisions: Includes standard boilerplate clauses
15. Execution: Formal signing section with execution blocks for all parties
1. GST and Taxation: Required when funding has specific tax implications or GST requirements
2. Project Governance: Used for larger projects requiring steering committees or governance structures
3. Third Party Contractors: Needed when the project involves subcontractors or third-party service providers
4. International Transfers: Required when funding involves international money transfers
5. Research and Publication: Included for research-based projects with publication requirements
6. Insurance Requirements: Used when specific insurance coverage is required for the project
7. Security Arrangements: Needed when security or collateral is required for the funding
8. Environmental Compliance: Required for projects with environmental impacts or obligations
9. Social Impact Measures: Used when funding includes social impact or community benefit requirements
1. Schedule 1: Project Plan: Detailed project timeline, milestones, and implementation plan
2. Schedule 2: Budget: Detailed budget breakdown and cost categories
3. Schedule 3: Payment Schedule: Specific payment dates, amounts, and associated milestones
4. Schedule 4: Reporting Templates: Standard templates for required project and financial reports
5. Schedule 5: Key Personnel: Details of key team members and their roles
6. Schedule 6: Due Diligence Information: Required documentation and compliance information
7. Appendix A: Technical Specifications: Detailed technical requirements or specifications for the project
8. Appendix B: Compliance Requirements: Specific regulatory or compliance requirements
9. Appendix C: Communication Protocol: Procedures for project-related communications and reporting
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