Common use of Budget Contingency Clause Clause in Contracts

Budget Contingency Clause. A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein. B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein. C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein. E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

Budget Contingency Clause. A. If This grant agreement is valid through Youth Reinvestment Grant Program funding generated from the LOCAL AGENCYGeneral Fund. The Grantee agrees that the BSCC’s governing authority obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the California Budget Act of 2018 (Senate Xxxx 840, Chapter 29, Statutes of 2018). It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the current year program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any subsequent years covered other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein. B. If Youth Reinvestment Grant Program funding for any fiscal year is reduced or deleted by falls below estimates contained within the LOCAL AGENCY Youth Reinvestment Grant Program Request for purposes of this programProposals, the LOCAL AGENCY shall promptly notify the STATE, and the STATE BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the STATE, BSCC or offer an agreement amendment to LOCAL AGENCY this agreement to the Grantee to reflect the a reduced amount, pursuant to the notice terms herein. C. If BSCC cancels the STATE Budget Act agreement pursuant to Paragraph 3(B) or Grantee does not appropriate sufficient funds agree to provide an amendment in accordance with the services for option provided by Paragraph 3(B), it is mutually agreed that the current year or any subsequent years covered under Grant Agreement shall have no further force and effect. In this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCYevent, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY BSCC shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, pay any funds whatsoever to Grantee or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein. E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE furnish any other considerations under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause Grantee shall not relieve or excuse either party from its obligation(s) be obligated to provide timely notice as may perform any provisions of this Grant Agreement except that Grantee shall be required elsewhere in to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this Agreementagreement.

Budget Contingency Clause. A. If (1) The Parties acknowledge and agree that the LOCAL AGENCY’s governing duty of the State of California ("State") to issue payment on the invoices under this Agreement shall not arise unless and until there is a duly enacted State budget that provides the legally required spending authority does to pay said invoices. Failure by the State to pay invoices during periods of time when there is no State budget shall not appropriate sufficient funds constitute a breach of this Agreement and provides no grounds for immediate termination by State Fund, provided however that (i) any deferred payments shall bear Interest as provided by Section 12.13 hereof, and (ii) if such period or periods exceed ninety (90) days in the aggregate within any twelve (12) month period during the Term, then notwithstanding any contrary provision hereof and without limiting its other rights and remedies, then State Fund may immediately terminate this Agreement for cause by written notice to DPA (which notice shall be deemed received on its own behalf and on behalf of all relevant Departments). (2) It is mutually agreed that if the State Budget Act of the current year or and/or any subsequent years covered under this AgreementAgreement does not appropriate sufficient funds to the relevant Department or Departments for the payment of its or their respective obligations hereunder, which results (i) then such Department or Departments shall have the option to terminate this Agreement with respect to such Department or Departments by written notice to State Fund with no liability occurring to the State as a result of such termination, and (ii) in an inability this event, as of the effective date of such termination, this Agreement shall be of no further force and effect with respect to such Department or Departments, and such Department or Departments shall have no liability to pay the STATE for the services specified in any funds whatsoever to State Fund or to furnish any other considerations under this Agreement, the LOCAL AGENCY and State Fund shall promptly notify the STATE and not be obligated to perform any provisions of this Agreement will terminate pursuant for such Department or Departments; provided however that (i) such Department or Departments shall be responsible for payment of all amounts owed to State Fund up to the notice periods required hereineffective date of termination, including all Interest; (ii) the provisions of Section 9.9 hereof (including but not limited to the respective rights and obligations of the Parties set forth in Section 6 hereof (Indemnification)) shall not terminate and shall survive and remain in full force and effect; and (iii) DPA shall perform its DOF Obligations as provided in Section 7.5 hereof. B. (3) If funding for any fiscal year is materially reduced or deleted by the LOCAL AGENCY State Budget Act for purposes the relevant Department or Departments with respect to the payment of this programits or their respective obligations hereunder, the LOCAL AGENCY shall promptly notify the STATE, and the STATE (i) then such Department or Departments shall have the option to either cancel terminate this Agreement with respect to such Department or Departments by written notice to State Fund with no liability occurring to the STATEState as a result of such termination, or (ii) to offer an agreement amendment to LOCAL AGENCY State Fund to reflect the reduced amount, pursuant to the notice terms herein. C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year which amendment may be accepted or any subsequent years covered under this Agreement, which results rejected by State Fund in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE its sole discretion; provided however that (i) such Department or Departments shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein. E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain be responsible for payment for of all services actually rendered by amounts owed to State Fund up to the STATE under this Agreement regardless effective date of LOCAL AGENCY funding being reducedtermination, deleted or including all Interest; (ii) the provisions of Section 9.9 hereof (including but not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify limited to the STATE respective rights and obligations of the Parties set forth in writing of any budgetary changes that would impact this Agreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause Section 6 hereof (Indemnification)) shall not relieve or excuse either party from terminate and shall survive and remain in full force and effect; and (iii) DPA shall perform its obligation(s) to provide timely notice DOF Obligations as may be required elsewhere provided in this AgreementSection 7.5 hereof.

Budget Contingency Clause. A. If the LOCAL AGENCY’s governing authority does 1. The Tribe and ITCA mutually agree that if funds are not appropriate sufficient funds appropriated by Congress for the current any budget year or such funds are not allocated to ITCA for WIC or the BFPC (if applicable), this Agreement shall be of no further force and effect. In this event, ITCA shall have no liability to pay any subsequent years covered funds whatsoever to the Tribe or to furnish any other considerations under this Agreement, which results in an inability Agreement and the Tribe shall not be obligated to pay perform any of the STATE for the WIC services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and or activities under this Agreement will terminate pursuant to after receiving notice of the notice periods required hereintermination of this Agreement under this subsection. B. 2. If funding for any fiscal budget year is reduced or deleted by the LOCAL AGENCY if there is a lapse of anticipated funding for purposes any portion of this programa budget year, the LOCAL AGENCY shall promptly notify parties agree that the STATEITCA may, and the STATE shall have the option to either cancel in its sole discretion, choose to: (a) immediately terminate this Agreement with no liability occurring to ITCA; (b) reduce the maximum payable to the STATETribe for WIC services, BFPC services or offer an agreement amendment both; or (c) require that the Tribe temporarily suspend certain WIC and/or BFPC operations (in whole or in part at ITCA’s election) for a given period of time until the necessary funds become available. 3. Except as expressly provided for herein, ITCA shall have no liability to LOCAL AGENCY pay any expenses incurred by the Tribe or to reflect the reduced amount, pursuant furnish any other considerations under this Agreement after providing written notice to the notice terms herein. C. If the STATE Budget Act does not appropriate sufficient funds Tribe of ITCA’s decision to provide the services for the current year or any subsequent years covered exercise its rights under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCYsubsection, and the LOCAL AGENCY Tribe shall have the option not be obligated to either cancel provide any WIC or BFPC services or perform any activities under this Agreement with no liability occurring after receiving said notice or during any period of temporary suspension permitted by subsection, except that the Tribe shall be obligated to provide continued WIC and/or BFPC services, up to the LOCAL AGENCYmaximum amount payable, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms hereinshould ITCA exercise its rights under subsection II(B)(2)(b) of this subsection. E. 4. Notwithstanding the foregoing provisions of this subsection, ITCA shall have no obligation to pay or reimburse the Tribe when (a) the Tribe submits allowable costs in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing excess of any budgetary changes that would impact authorized budget amount; or (b) due to a government “shutdown” or any other action or inaction of the United States, funding is no longer available to ITCA WIC as originally contemplated by this Agreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

Budget Contingency Clause. A. If All agreements/contracts, except for State construction projects that are funded in whole or in part by the LOCAL AGENCY’s governing authority Federal government, must contain a 30-day cancellation clause and the following provisions: 1) It is mutually understood between the parties that this contract may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. 2) This contract is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the fiscal year 2017-2018 for the purpose of this program. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner. 3) The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds. 4) The Department has the option to invalidate the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction in funds. B. Exemptions from provisions 4.A.1) through 4.A.4) above may be granted by the Department of Finance provided that the director of the State agency can certify in writing that Federal funds are available for the term of the contract. C. GC § 8546.4(e) provides that State agencies receiving Federal funds shall be primarily responsible for arranging for Federally required financial and compliance audits, and shall immediately notify the Department of Finance, the State Auditor, and the State Controller when they are required to obtain Federally required financial and compliance audits. D. It is mutually agreed that if the Budget Act and/or HUD’s award to HCD of the current year or and/or any subsequent years covered under this AgreementAgreement does not appropriate sufficient funds for the contract, which results in an inability this Agreement shall be of no further force and effect. In this event, HCD shall have no liability to pay the STATE for the services specified in any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein. B. E. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY Budget Act and/or HUD’s award to HCD for purposes of this programcontract, the LOCAL AGENCY shall promptly notify the STATE, and the STATE HCD shall have the option to either cancel this Agreement with no liability occurring to the STATEHCD, or offer an agreement amendment to LOCAL AGENCY Contractor to reflect the reduced amount, pursuant to the notice terms herein. C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein. E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

Budget Contingency Clause. A. If This grant agreement is valid through YPFG funding generated from the LOCAL AGENCYGeneral Fund. The Grantee agrees that the BSCC’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability obligation to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant any sum to the notice periods required herein. B. grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the passage of Senate Xxxx 823 (Statutes of 2020, Chapter 337). If YPFG funding for any fiscal year is reduced or deleted by falls below estimates contained within the LOCAL AGENCY YPFG Request for purposes of this programApplication, the LOCAL AGENCY shall promptly notify the STATE, and the STATE BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the STATE, BSCC or offer an agreement amendment to LOCAL AGENCY this agreement to the Grantee to reflect the a reduced amount, . If BSCC cancels the agreement pursuant to the notice terms herein. C. If the STATE Budget Act Paragraph 3(B) or Grantee does not appropriate sufficient funds agree to provide an amendment in accordance with the services for option provided by Paragraph 3(B), it is mutually agreed that the current year or any subsequent years covered under Grant Agreement shall have no further force and effect. In this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCYevent, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY BSCC shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, pay any funds whatsoever to Grantee or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein. E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE furnish any other considerations under this Agreement regardless and Grantee shall not be obligated to perform any provisions of LOCAL AGENCY funding being reducedthis Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, deleted which can be found under Quick Links here: The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures for eligible project costs. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not otherwise replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this programgrantor suspension of future program funding through BSCC grants. The LOCAL AGENCY shall promptly notify Payment will be made in accordance with, and within the STATE in writing of any budgetary changes that would impact this Agreementtime specified in, Government Code Chapter 4.5, commencing with Section 927. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

Budget Contingency Clause. A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein. B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein. C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein. E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.