CONDITIONAL NATURE OF AGREEMENT. Notwithstanding any provision of this Agreement to the contrary, all obligations of the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds affected by any state or federal legislative or executive action that reduces, eliminates or otherwise modifies the appropriation or availability of funding for this Agreement and the Scope for Services provided in EXHIBIT B, in whole or in part. In no event shall the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds, the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to reduce or terminate the Services under this Agreement immediately upon giving the Contractor notice of such reduction or termination. The State shall not be required to transfer funds from any other account or source to the Account identified in block 1.6 in the event funds in that Account are reduced or unavailable.
CONDITIONAL NATURE OF AGREEMENT. Notwithstanding any provision of this Agreement to the contrary, all obligations of the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds, and in no event shall the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds, the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to terminate this Agreement immediately upon giving the Contractor notice of such termination. The State shall not be required to transfer funds from any other account to the Account identified in block 1.6 in the event funds in that Account are reduced or unavailable.
CONDITIONAL NATURE OF AGREEMENT. 1. At Plaintiffs’ option, expressed in written notice to Defendant’s counsel, this Agreement shall become null and void, and no obligation on the part of any of the Parties will accrue, if the Court materially alters any of the terms of this Agreement to the detriment of Plaintiffs or the Settlement Class, or fails to enter the Preliminary Approval Order or the Final Approval Order in substantially the form submitted by the Parties.
CONDITIONAL NATURE OF AGREEMENT. This Agreement and the Settlement contemplated hereby are expressly conditioned upon all of the following, which the Parties agree are each material conditions precedent to the payment of Settlement Benefits to Settlement Class Members, the payment of any Court-awarded Service Award, and the payment of any Court- awarded fees and expenses to Plaintiffs’ Counsel under this Agreement:
CONDITIONAL NATURE OF AGREEMENT. Notwithstanding any provision of this Agreement to the contrary, all obligations of the LAKESHORE RPC or the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds affected by any state or federal legislative or executive action that reduces, eliminates or otherwise modifies the appropriation or availability of funding for this Agreement and the Services provided in EXHIBIT B, in whole or in part. In no event shall the LAKESHORE RPC or the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds, the LAKESHORE RPC and the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to reduce or terminate the Services under this Agreement immediately upon giving the Contractor notice of such reduction or termination. Neither the LAKESHORE RPC nor the State shall be required to transfer funds from any other account or source to the account identified in block 1.6 in the event funds in that account are reduced or unavailable.
CONDITIONAL NATURE OF AGREEMENT. At the Plaintiffs' option, expressed in written notice to the City's counsel, this Agreement shall become null and void, and no obligation on the part of any of the Parties will accrue, if the Court materially alters any of the terms of this Agreement to the detriment of Plaintiffs or the Certified Class, or fails to enter the Preliminary Approval Order, Final Approval Order, or the Final Approval Order in the Action in substantially the form submitted by the Parties. At the City's option, expressed in written notice to Class Counsel, this Agreement shall become null and void, and no obligation on the part of any of the Parties will accrue, if the Court materially alters any of the terms of this Agreement to the detriment of the City, or fails to enter the Preliminary Approval Order, Final Approval Order, or the Final Approval Order in the Action in substantially the form submitted by the Parties. If this Agreement becomes null and void, the Parties shall move forward with the Action as though no settlement had been reached, all of the Parties to the Action being placed in the same position they were before this Settlement was proposed, negotiated, and agreed upon.
CONDITIONAL NATURE OF AGREEMENT. Except as may otherwise be provided herein, the obligations imposed by this Agreement are contingent upon execution of this Agreement by the Parties, entry of the Final Approval Order by the Court, and occurrence of the Effective Date.
CONDITIONAL NATURE OF AGREEMENT. Notwithstanding anything in this Agreement to the contrary, all obligations of the Contract Owner hereunder, including without limitation, the continuance of payments hereunder, are contingent upon the availability or continued appropriation of funds, and in no event shall the Contract Owner be liable for any payments hereunder in excess of such available or appropriated funds. In the event of a reduction or termination of those funds, the Contract Owner shall have the right to withhold payment until such funds become available, if ever, and shall have the right to terminate this Agreement immediately upon giving the Contractor notice of such termination.
CONDITIONAL NATURE OF AGREEMENT. Notwithstanding anything in this Agreement to the contrary, all obligations of the LAKESHORE RPC or the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds, and in no event shall the LAKESHORE RPC or the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of those funds, the LAKESHORE RPC and the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to terminate this Agreement immediately upon giving the Consultant notice of such termination. Neither the LAKESHORE RPC nor the State shall be required to transfer funds from any other account to the account identified in block 1.6 in the event funds in that account are reduced or unavailable.
CONDITIONAL NATURE OF AGREEMENT. (a) This Agreement, including all associated exhibits and attachments, is made for the sole purpose of settling the Lawsuit and all Released Claims on a class-wide and collective basis. This Agreement is made in compromise of disputed claims. Because the Lawsuit was pleaded as a class action and is being settled on a class basis, this Agreement must receive Court approval. Accordingly, the Parties enter into this Agreement on a conditional basis.
