Budgetary Appropriations. The Commission shall, in accordance with its normal budgetary procedures, make timely application for, and use reasonable efforts to obtain, budget appropriations reasonably calculated to provide all funds necessary for the Commission’s performance of and compliance with all of the material terms, conditions and covenants contained in this Agreement. Notwithstanding anything to the contrary in this Agreement, the Commission shall not be deemed to be in default in the performance of or compliance with any of the terms, conditions, or covenants contained in this Agreement if funds are not specifically budgeted and appropriated therefore at the time of the alleged default. Certification by the Secretary-Treasurer of the Commission that funds are not specifically budgeted and appropriated therefore shall be conclusive as to that issue.
Budgetary Appropriations. Superion acknowledges that continued performance and funding is dependent upon amounts being budgeted, appropriated, or otherwise legally available to the County in the future. County represents and warrants to Superion that it has appropriated sufficient funds due to Superion under this Agreement and hereby certifies that it will make appropriate requests for budget appropriations to meet continued obligations herein in subsequent fiscal years. If a funding or budgetary issue arises, County agrees to notify Superion as soon as commercially reasonable. If Superion and County cannot resolve the funding issue within ninety (90) days, the Agreement will terminate, with County to pay Superion any amounts owed for goods and services provided prior to termination of the Agreement.
