Availability of Appropriated Funds. Termination for non-appropriation of funds may be found at Exhibit B, Section 11.03(c).
Availability of Appropriated Funds. Except as may be specifically provided to the contrary to Section I clause DEAR 952.250-70, Nuclear Hazards Indemnity Agreement, the duties and obligations of the Government hereunder calling for the expenditure of appropriated funds shall be subject to the availability of funds appropriated by the Congress, which DOE/NNSA may legally utilize for such purposes. B-7 PERFORMANCE EVALUATION [MODIFIED BY MODIFICATION P00003 & P00016] Performance Evaluation and Measurement Plan (PEMP). A PEMP will be developed by NNSA for this Contract which will document strategic performance expectations and the process by which the Contractor’s performance will be evaluated. The Parties will strive to reach mutual agreement on the performance measures and will work together to establish the PEMP. In the event the parties cannot come to agreement, NNSA reserves the right to make the final decision and issue the PEMP. The PEMP once finalized, whether bilaterally or unilaterally, will be incorporated into the Contract at Section J, Appendix O, by contract modification. The Contracting Officer may revise the PEMP during an evaluation period of performance and will incorporate any revisions through a contract modification. No changes will be made with less than 60 days remaining in the evaluation period.
Availability of Appropriated Funds. The signatory agencies enter into this Agreement under the authority of the Economy Act (31 U.S.C.1535); and their respective organic and appropriation acts. The ability of the parties to carry out their responsibilities under this Agreement is subject to their respective funding procedures and the availability of appropriated funds. Should any party encounter budgetary shortfalls that may affect the activities to be carried out under this Agreement, that party will provide timely notification to the other party in writing. The signatory agencies recognize that, given the current administrative process for payments for fire suppression activities, it is not feasible to obligate the full amount of funds that may be required pursuant to this Agreement, because this Agreement does not constitute a binding obligation under 31 U.S.C. 1501 and since it cannot anticipate the specific goods or services for which payment will be requested, the individual payment amounts, or the responsible jurisdictional wildland fire management agency in each future case. This information can only be provided by Resource Orders executed when the goods or services are requested. At the same time, the signatory agencies recognize that Resource Orders are insufficient to constitute a binding obligation under the statute because there is no evidence of intent to be bound, no authorized signatures are present, and no legal authorities are cited, however, these requirements are satisfied by this Agreement. The two documents, when taken together, contain all the elements required for a contingent liability obligation under the statute. Hence, the signatory agencies agree that this Agreement shall automatically be incorporated by reference into any Resource Orders issued under it for air traffic control services and products, and that an obligation of funds will occur by the responsible agency at the time the FAA presents a copy of this Agreement and the Resource Orders for payment.
Availability of Appropriated Funds. The duties and obligations of the DOE hereunder calling for the expenditure of appropriated funds shall be subject to the availability of funds appropriated by the U.S. Congress, which DOE may legally spend or obligate for such authorized purposes. Any work performed that exceeds funds obligated by task order and specific limitations identified in contract modifications without the written consent of the DOE Contracting Officer shall be at the Contractor’s risk.
Availability of Appropriated Funds. Expense reimbursements and other as- sistance to be provided by the Internal Revenue Service under cooperative agreements are contingent upon the availability of appropriated funds for the Tax Counseling for the Elderly pro- gram.
Availability of Appropriated Funds. Except as may be specifically provided to the contrary to Section I clause DEAR 952.250-70, Nuclear Hazards Indemnity Agreement, the duties and obligations of the Government hereunder calling for the expenditure of appropriated funds shall be subject to the availability of funds appropriated by the Congress, which DOE/NNSA may legally utilize for such purposes.
Availability of Appropriated Funds. 27.1 The vendor hereto agrees that any and all payments due from the Town, as required under the terms of this agreement, are contingent upon the availability of Appropriated Funds.
Availability of Appropriated Funds. The signatory agencies enter into this Interagency Agreement, and expect to enter into subsequent Orders (Form 7600Bs), under the authority of the Coast and Geodetic Survey Act (33 U.S.C. §883d and § 883e), and their respective organic and appropriation acts. 33 U.S.C. §883d and § 883e authorizes NOAA to enter into agreements, with, and to receive and expend funds made available by, any State or subdivision thereof, any Federal agency, or any public or private organization, or individual, for surveys, investigations, and research in geophysical sciences. The ability of the parties to carry out their responsibilities and enter into subsequent Orders is subject to their respective funding procedures and the availability of appropriated funds. Should either party encounter budgetary problems in the course of its respective internal procedures which may affect the activities to be carried out under this IAA, that party will notify the other party in writing in a timely manner. Available funding provided by the BLM under subsequent Orders is expected to be no-year funding. (Buyer to identify the expiration of funding, e.g. appropriation good for 1 year, 2 years or no-year funding). The signatory agencies recognize that, the Form 7600A does not constitute a binding obligation under 31 U.S.C. § 1501, can only through Orders executed, when the goods or services are requested, can the signatory agencies agree to specific services and the obligation of funds.
Availability of Appropriated Funds. (1) Funds appropriated to the Department of De- fense for operation and maintenance are avail- able as follows:
Availability of Appropriated Funds. 5 Article 3. General Terms and Conditions. 5 Article 4. Vendor Personnel Management 9 Article 5. Governing Law and Regulations. 13 Article 6. Service Levels and Performance Measurement 14 Article 7. Amendments. 14
