- on the expiry or any early termination of this Agreement, any Funds:
- remain Unspent or
- cannot, by reconciliation between the accounts and records maintained by the Participant (as reported to the Commonwealth by the Participant in any of the financial statements referred to in clause 11) and the Budget, be shown to the reasonable satisfaction of the Commonwealth to have been spent or Committed in accordance with this Agreement or
- at any time the Commonwealth forms the reasonable opinion that any Funds have been used, spent or Committed by the Participant other than in accordance with this Agreement
19.2If the Participant fails to repay the Funds in accordance with a notice issued under clause 19.1:
- the Participant must pay the Commonwealth Interest on the amount specified in the notice from the date it was due, for the period it remains unpaid and
- the amount specified in the notice, and Interest owed under this clause will be recoverable by the Commonwealth as a debt due to the Commonwealth by the Participant.
19.3The Participant acknowledges that Interest payable under clause 19.2(a) represents a reasonable pre-estimate of the loss incurred by the Commonwealth as a result of the loss of investment opportunity for, or the reasonable cost of borrowing other money in place of, the amount which should have been repaid.
19.4This clause survives the expiration or early termination of this Agreement.
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