Appropriation Contingency. The State’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Florida Legislature, pursuant to Section 287.0582, F.S., and the availability and sufficiency of such funds; the State is not obligated for any payments that exceed the amount of the current appropriation, pursuant to Section 957.04(1)(h) and (2)(d), F.S. CONTRACTOR’s right to receive such payment hereunder is expressly preconditioned upon, the availability and sufficiency of funds legislatively appropriated to pay such compensation.
Appropriation Contingency. The BOCC’s financial obligations, if any, under this Agreement are contingent upon sufficient appropriations and authorization being made by the BOCC for the performance of this Agreement. The BOCC’s decision as to whether sufficient appropriations are available shall be accepted by the other parties to this Agreement and shall be final.
Appropriation Contingency. The payment of obligations of FCIC under this Agreement is contingent upon the availability of appropriations. Notwithstanding any other provision of this Agreement, FCIC's ability to sustain the Agreement depends upon the FCIC's appropriation. If FCIC's appropriation is insufficient to pay the obligations under this Agreement, and FCIC has no other source of funds for such payments, FCIC will reduce its payments to the Company on a pro rata basis or on such other method as determined by FCIC to be fair and equitable.
Appropriation Contingency. Notwithstanding any other term or provision of this Agreement, the continuation of this Agreement beyond a single fiscal year is subject to the appropriation and availability of funds in accordance with Chapter 129, Florida Statutes. If at any time funds are not appropriated for the services provided or to be provided under this Agreement, this Agreement shall be caused to automatically terminate as of the first day following the last month so funded.
Appropriation Contingency. The State’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature.
Appropriation Contingency. If the City fails to appropriate operating funds, or if funds are not otherwise made available for the continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be cancelled automatically as of the beginning of the fiscal year for which funds were not appropriated. The City’s fiscal year begins July 1st.
Appropriation Contingency. This agreement is contingent upon annual appropriation by the Board of Aldermen of the City of Brentwood. In the event that the Board of Aldermen shall fail to appropriate funds for the services provided in this Agreement, this Agreement shall terminate immediately.
Appropriation Contingency. If this Contract is funded from State of Illinois appropriated funds, Vendor understands this Contract is subject to termination and cancellation in any year for which the Illinois General Assembly fails to make an appropriation to make payments under the terms of the Contract. In the event of termination for lack of appropriation, Vendor shall be paid for services performed under this Contract up to the effective date of termination. 30 ILCS 500/20-60.
Appropriation Contingency. After the first year of the Term, this Lease shall be subject to the availability and appropriation of sufficient funds and may be terminated by Tenant on no less than ninety (90) days prior written notice to Landlord if such funds become unavailable. Notwithstanding the foregoing, such termination shall be prospective only, so that all obligations of Tenant accruing through the date of termination shall remain unaffected and shall survive such termination.
Appropriation Contingency. Landlord acknowledges that Tenant is a public body funded by the Arlington County Board of Supervisors, Arlington County, Virginia, and as such, all payments by Tenant to Landlord are subject to appropriations by the Arlington County Board of Supervisors. Tenant agrees to use its best efforts to obtain funding for this Lease and agrees not to initiate any request to withdraw or terminate funding for the amounts required to be paid by Tenant under this Lease. If (i) despite Xxxxxx's use of its best efforts to obtain funding for this Lease, the Arlington County Board of Supervisors, on its own initiative and not at the request of Xxxxxx, fails to appropriate sufficient funds to enable Tenant to pay the amounts required to be paid by Tenant hereunder, and (ii) Tenant is unable to secure funds from any other sources to enable Tenant to pay the amounts required to be paid by Tenant hereunder, for any particular fiscal year of Tenant, then Tenant shall have the option to terminate this Lease effective as of October 1 of any calendar year (the “Termination Date”), provided (i) Tenant gives Landlord written notice of Tenant's election to terminate this Lease (the “Termination Notice”) no later than June 1 of the calendar year in which such termination is to be effective, and (ii) Tenant shall not relocate to space other than office space procured through an arms’ length transaction between Tenant, the County of Arlington, and any future landlord. If Tenant elects to terminate this Lease in accordance with the terms and conditions set forth above, then to the extent permitted by law, Tenant shall pay to Landlord within ten (10) days after Landlord notifies Tenant of the amount of such payment, a payment as an agreed upon termination fee (the “Termination Charge”) in an amount equal to the sum of (i) any unamortized brokerage commissions, legal fees, rental abatement, and Improvement Allowance paid by Landlord in connection with this Lease, which amounts shall be calculated at an annual interest rate of six percent (6%), and (ii) three (3) installments of the then-applicable monthly rental installments of Basic Annual Rent and Additional Rent under this Lease, provided the foregoing Termination Charge made be payable in installment payments over a six (6) month period commencing on the earlier of: (i) the date of the Termination Notice, or (ii) June 1 of the applicable calendar year. Such payment is made in consideration for Xxxxxxxx's grant of this option to termin...
