Common use of City’s Condition Precedent; Non-Appropriation of Funds Clause in Contracts

City’s Condition Precedent; Non-Appropriation of Funds. This Agreement shall be subject annually to the availability and appropriation of funds by City Council. If City Council does not appropriate the funding needed by City to make payments under this Agreement for a given fiscal year, City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, City will promptly notify Company of the non-appropriation and this Agreement will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by City, which is attributable to non-appropriation of funds, shall constitute a breach of or default under this Agreement.

City’s Condition Precedent; Non-Appropriation of Funds. This Agreement shall be subject annually to the availability and appropriation of funds by City Council. If City Council does not appropriate the funding needed by City to make payments under this Agreement for a given fiscal year, City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, City will promptly notify Company company of the non-appropriation and this Agreement will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by City, which is attributable to non-appropriation of funds, shall constitute a breach of or default under this Agreement.