ANTI-DEFICIENCY ACTS PROVISIONS Sample Clauses

ANTI-DEFICIENCY ACTS PROVISIONS. 1. Relating to the District and DC Water a. Pursuant to the provisions of (i) the federal Anti-Deficiency Act, 31 U.S.C. §§ 1341, 1342, 1349-1351 1511-1519 (2008), and D.C. Official Code §§ 1- 206.03(e) and 47-105; (ii) the District of Columbia Anti-Deficiency Act, D.C. Official Code §§ 47-355.01 – 355.08 (collectively, as amended from time to time, the “Anti-Deficiency Acts”); and (iii) Section 446 of the District of Columbia Home Rule Act, D.C. Official Code § 1-204.46, the District and DC Water cannot obligate themselves to any financial obligation or expenditure (including capital obligations and expenditures, operating and maintenance obligations and expenditures, and obligations and expenditures related to fines, penalties, and claims) in any present or future year unless the necessary funds to pay that obligation or expenditure have been appropriated by the Congress of the United States (the “Congress”) and are lawfully available for the purpose of the obligation or expenditure. Pursuant to the Anti-Deficiency Acts, nothing in this IMA or the Derivative Agreements creates an obligation of the District or DC Water in anticipation of an appropriation by Congress for such purpose, and the District’s or DC Water’s legal liability for the payment of any amount under this IMA and the Derivative Agreements does not and may not arise or obtain in advance of the lawful availability of appropriated funds for the applicable fiscal year as approved by Congress. No District of Columbia or DC Water official or employee is authorized to obligate or expend any amount under this IMA or the Derivative Agreements unless such amount has been appropriated by Act of Congress and is lawfully available. b. The amount of the DC Water Board of Directors’, or its successors’, annual budget estimate approved by Congress shall serve as the basis for, and the limit on, the billing, payments, and expenditures described in this IMA and the Derivative Agreements. If no appropriation or a smaller appropriation than requested is made by Congress to pay any amount under this IMA, or if appropriated funds for such purposes are not otherwise lawfully available, the legal obligations of all of the Parties under this IMA shall be limited to the amount of any lawfully available appropriation. The District’s right to continued use of its Allocated Flow Capacity, nonetheless, remains subject to the limitations provided in Section 4(A)(2)(c) of the IMA.