Appropriation Approval. Buyer shall on an annual basis seek an appropriation by the State of Illinois for the Renewable Energy Resources Fund sufficient to allow payment under this Agreement. If Buyer fails to receive such appropriation approval for a given fiscal year, Buyer shall notify Seller of such and Buyer may terminate or suspend this Agreement within thirty (30) calendar days after the date of such notification to Seller. Buyer must provide notice of such termination or suspension to Seller in accordance with the provisions of Article 14. If suspended, Seller may sell RECs from the System to another party during the suspended period. If terminated, neither Party shall have any further liability hereunder upon such termination.
Appropriation Approval. The Contractor acknowledges that the City of Port Saint Lucie’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the City Council. The Contractor agrees that, in the event such appropriation is not forthcoming, the City may terminate this Contract and that no charges, penalties or other costs shall be assessed.
Appropriation Approval. Payment under this Agreement is subject to Xxxxx’s receipt of a sufficient financial appropriation from the State of Illinois for the Renewable Energy Resources Fund. If Buyer fails to receive such appropriation approval for a given fiscal year, Buyer shall notify Seller of such and Buyer may terminate or suspend this Agreement within thirty (30) calendar days after the date of such notification to Seller. Buyer must provide notice of such termination or suspension to Seller in accordance with the provisions of Article 14.[ 3: Could IPA's failure to receive sufficient appropriations of funds be considered a Force Majeure under Article 15? This point is nuanced but seems slightly unclear.] If suspended, Seller may sell RECs from the System to another party during the suspended period. If terminated, neither Party shall have any further liability hereunder upon such termination.
Appropriation Approval. The Contractor acknowledges that this contract is subject to approval by City Council of budget appropriation for the contract period beyond September 30th of 2005. The Contractor agrees that, in the event such appropriation is not forthcoming, the City may terminate this contract and that no charges, penalties or other costs shall be assessed.
Appropriation Approval. The Engineer acknowledges that the Town of Christiansburg’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Town Council. The Engineer agrees that, in the event such appropriation is not forthcoming, this Contract may be terminated by the Town and that no charges, penalties, or other costs shall be assessed.