5.1

1. At the End of a Funding Year. If, in any Funding Year, the HSP has not spent all of the Funding the LHIN will require the repayment of the unspent Funding.
    
2. On Termination or Expiration of the Agreement.  Upon termination or expiry of the Agreement, the LHIN will require the repayment of any Funding remaining in the possession or under the control of the HSP and the payment of an amount equal to any Funding the HSP used for purposes not permitted by this Agreement.
    
3. On Reconciliation and Settlement.  If the year end reconciliation and settlement process demonstrates that the HSP received Funding in excess of its confirmed funds, the LHIN will require the repayment of the excess Funding.
    
4. As a Result of Performance Management or System Planning. If Services are adjusted, as a result of the performance management or system planning processes, the LHIN may adjust the Funding to be paid under Schedule B, require the repayment of excess Funding and/or adjust the amount of any future funding installments accordingly.
    
5. In the Event of Forecasted Surpluses.  If the HSP is forecasting a surplus the LHIN may adjust the amount of Funding to be paid under Schedule B, require the repayment of excess Funding and/or adjust the amount of any future funding
   installments accordingly.
    
6. On the Request of the LHIN. The HSP will, at the request of the LHIN,
   repay the whole or any part of the Funding, or an amount equal thereto if the HSP:
    
   1. has provided false information to the LHIN knowing it to be false;
       
   2. breaches a term or condition of this Agreement and does not, within 30 Days after receiving from the LHIN written notice of the breach take reasonable steps to remedy the breach; or
       
   3. breaches any Applicable Law that directly relates to the provision of, or ensuring the provision of, the Services.
       
7. Subsections 5.1(c) and (d) do not apply to Funding already expended  properly in accordance with this Agreement. The LHIN will, at its sole discretion, and without liability or penalty, determine whether the Funding has been expended properly in accordance with this Agreement  

1. The HSP acknowledges that settlement and recovery of Funding can occur
   up to seven years after the provision of Funding.
    
2. Recognizing the transition of responsibilities from the MOHLTC to the LHIN, the HSP agrees that if the Parties are directed in writing to do so by the MOHLTC, the LHIN will settle and recover funding provided by the MOHLTC to the HSP prior to the transition of the services or program to the LHIN, provided that such settlement and recovery occurs within seven years of the provision of the funding by the MOHLTC.  All such settlements and recoveries will be subject to the terms applicable to the original provision of fundng.

1. If the LHIN requires the re-payment by the HSP of any Funding the amount required will be deemed to be a debt owing to the LHIN by the HSP. The LHIN may adjust future funding installments to recover the amounts owed or may, at its discretion direct the HSP to will pay the amount owing to the LHIN
    
2. All amounts repayable to the LHIN will be paid by cheque payable to the "Ontario Minister of Finance" and mailed to the LHIN at the address provided in section 13.1.