Common use of Amendment, Termination and Renewal Clause in Contracts

Amendment, Termination and Renewal. 4.2.1 The contract shall not bind, nor purport to bind, the Department for any commitment in excess of the original contract period. 4.2.2 Funding for the contract must be appropriated by the Missouri General Assembly for each fiscal year included within the contract period. Therefore, the contract shall not be binding upon the Department for any period in which funds have not been appropriated, and the Department shall not be liable for any costs associated with termination caused by lack of appropriations. a. The Department reserves the right to terminate the contract, without penalty or termination costs, if such funds are not appropriated or available. b. In the event funds are not appropriated or available for the contract, the contractor shall not prohibit or limit the Department's right to pursue alternate contracts, as necessary, to conduct state governmental affairs. c. The provisions of the above paragraphs shall apply to any amendment to the contract. 4.2.3 Any change to the contract shall require a formal, written contract amendment executed by both parties. This contract shall not be amendable by implication by course of dealing or by informal agreements between the parties confirmed by letter, e-mail or otherwise. 4.2.4 The Department shall have the right, with the consent of the contractor, to renew or extend the contract. In the event the contract is renewed or extended, all terms, conditions and provisions of the original contract and any subsequent amendments shall remain in effect and shall apply during the renewal/extension period. 4.2.5 The contract may be terminated by either party, by giving thirty (30) days advance written notice to the other party at its principal address. The termination shall be effective thirty (30) days from the date of notice or the date specified in the notice. Upon the mutual consent of both parties the contractor shall be reimbursed for all work satisfactorily completed and any non-cancelable obligations incurred prior to the effective date of the termination. 4.2.6 Either party may terminate the contract for breach of contract by providing the other party with a written notice of termination. The termination shall become effective on the date specified in the notice. Payments for project activities or for services shall not be made beyond the date of termination. 4.2.7 Any written notice to the contractor shall be deemed sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile, electronic mail, or hand-delivered to an authorized employee of the contractor.

Amendment, Termination and Renewal. 4.2.1 The contract shall not bind, nor purport to bind, the Department for any commitment in excess of the original contract period. 4.2.2 Funding The contractor understands and agrees that authorization for the Department to contract for the services required herein is granted each fiscal year by the Office of Administration and that authorization for additional contract periods requires the annual renewal of the authorization. 4.2.3 The contractor understands and agrees that funding for the contract must be appropriated by the Missouri General Assembly for each fiscal year included within the contract period. Therefore, the contract shall not be binding upon the Department for any period in which funds have not been appropriated, and the Department shall not be liable for any costs associated with termination caused by lack of appropriations. a. The Department reserves the right to terminate the contract, without penalty or termination costs, if such funds are not appropriated or available. b. In the event funds are not appropriated or available for the contract, the contractor shall not prohibit or limit the Department's right to pursue alternate contracts, as necessary, to conduct state governmental affairs. c. The provisions of the above paragraphs shall apply to any amendment or the execution of any option to extend the contract. 4.2.3 4.2.4 Any change to the change, whether by modification and/or supplementation, shall be accomplished by a formal contract shall require a formal, written contract amendment executed by both parties. This contract shall not be amendable by implication by course of dealing or by informal agreements between the parties confirmed by letter, e-mail or otherwiseamendment. 4.2.4 4.2.5 The Department shall have the right, with the consent of the contractorat its sole option, to renew or extend the contract. In the event the contract is renewed or extendedDepartment exercises its renewal option, all terms, conditions and provisions of the original contract and any subsequent amendments shall remain in effect and shall apply during the renewal/extension renewal period. 4.2.5 4.2.6 The Department shall have the right, at its sole option, to consolidate all or portions of related service contracts into a single contract. 4.2.7 The contract may be terminated by either party, by giving thirty sixty (3060) days advance written notice to the other party at its principal address. The termination shall be effective thirty sixty (3060) days from the date of notice or the date specified in the notice. Upon The Department reserves the mutual consent right to withdraw any or all of both parties its clients before the contractor shall be reimbursed for all work satisfactorily completed and any non-cancelable obligations incurred prior to the effective date end of the terminationsixty (60) day period. 4.2.6 Either party 4.2.8 The Department may terminate the contract for breach of contract by providing the other party contractor with a written notice of termination. The termination shall become effective on the date specified in the notice. At its sole discretion, the Department may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. Payments for project activities or for services shall not be made beyond the date of termination. 4.2.7 4.2.9 Any written notice to the contractor shall be deemed sufficient when deposited in the United States mail postage prepaid, transmitted by facsimile, electronic mail, or hand-delivered carried and presented to an authorized employee of the contractor at the contractor’s address as listed in the contract. 4.2.10 In the event of termination all client records, documentation, data, reports, supplies, equipment and accomplishments prepared, furnished, acquired or developed by the contractor as a direct requirement specified in the contract shall become the property of the Department. 4.2.11 Upon termination of the contract, the contractor shall maintain, store, transfer, and provide for the authorized release of all client records developed by the contractor as a direct requirement of this contract. The contractor agrees that upon termination of the contract the Department shall have access to all client records pertaining to the performance of the contract and, as requested by the Department, the contractor shall make available to the Department all client records and documents prepared or developed as a result of the contract.