Common use of Availability of Appropriation; Sufficiency of Funds Clause in Contracts

Availability of Appropriation; Sufficiency of Funds. Agreement is contingent upon and subject to the availability of sufficient funds. A Party may terminate or suspend this Agreement, in whole or in part, without advance notice and without penalty or further payment being required, if (i) sufficient funds for this Agreement have not been appropriated or otherwise made available to the Parties by the State or the Federal funding source, (ii) the Governor or one of the Parties reserves funds, or (iii) the Governor or the one of the Parties determines that funds will not or may not be available for payment. A Party shall provide notice, in writing, to all other Parties of any such funding failure and its election to terminate or suspend this Agreement as soon as practicable. Any suspension or termination pursuant to this Section will be effective upon the date of the written notice unless otherwise indicated.

Appears in 4 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement

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