Contract Contingency. This contract is contingent on the Early Learning Coalition of Brevard County, Inc., having a signed Grant Agreement with the State of Florida, Office of Early Learning.
Contract Contingency. This Contract is at all times contingent upon the availability and receipt of state or federal funds that the Department has allocated to this Contract; and, if funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced by the Department, in its sole determination. The Department shall notify the Contractor when it knows that funds for this Contract will be reduced or eliminated. The Contractor may terminate the Contract based upon such notification. If the Contractor terminates this Contract based on the Department’s notice to reduce or eliminate funding, the Contractor must notify the Department in writing of its intent to terminate the Contract within fifteen (15) calendar days of receipt of the Department’s notification. The notice must contain the actual date of termination and the Contractor’s date of termination must not be less than ten (10) calendar days from the Department’s receipt of such notice and it must not exceed ninety (90) calendar days from the date the Department receives such notice. If the Contractor properly notifies the Department in accordance with this section, the Contractor will be paid at the contracted rate(s) in effect on the day services are delivered until the last child is removed in accordance with the contract termination procedures.
Contract Contingency. This Contract is at all times contingent upon the availability and receipt of state or federal funds that the Department has allocated to this Contract. If funds for this Contract become unavailable during any budget period, this Contract may be immediately terminated or reduced at the discretion of the Department.
Contract Contingency. In accordance with Paragraph 2 of the attached Standard TEA Terms and Conditions, this Contract and all renewals and/or extensions, if applicable, are contingent upon the availability of funds to TEA as appropriated by the Texas State Legislature.
Contract Contingency. Contract Contingency is a County-controlled contingency requested solely for the purpose of determining the final Budget Not- to-Exceed. It does not alter the circumstances under which Contractor is entitled to additional compensation under the Agreement.
Contract Contingency. The Project Budget contains a line item (the “Contract Contingency”) created to fund certain unanticipated Costs of the Work. The Owner and the Contractor agree that the Contract Contingency may be decreased or increased only pursuant to this paragraph, may be used only to fund certain unanticipated Cost of the Work and may be used only with the Owner’s prior written concurrence, not to be unreasonably withheld or delayed. Cost of Work that may be funded from the Contract Contingency with the Owner’s prior written concurrence are (i) Cost of Work that arguably was reasonably inferable from or intended by the Contract Documents even though perhaps not specifically represented in such Contract Documents, but was not identified by the Contractor and included in the original Project budget (ii) increased Cost of Work resulting from deficiencies, inconsistencies, error or omissions in the Contract Documents that arguably should have been identified by the Contractor in its review of the Contract Documents and included in the Project Budget, but was not (iii) Cost of the Work incurred as a result of, or to overcome, excused delay including but not limited to increased costs incurred to accelerate the works at the Owner’s direction to overcome excusable delay, (iv) reimbursable cost overruns incurred for any line-item in the original Project Budget other than General Requirements and (v) any other Cost of Work that was not included in the original Project Budget. In no event shall Contract Contingency funds be available for (i) costs not to be reimbursed pursuant to Article 8 or any other provision of this Agreement, (ii) any General Requirements Items, (iii) increases to the Contractor’s Fee or (iv) any Owner- directed upgrades or additions to the Work. A request to use the Contract Contingency shall be submitted to the Owner in form reasonably acceptable to Owner together with a revised Schedule of Values and Project Budget showing the requested transfer of funds from the Contract Contingency to the appropriate Project Budget line-item. The Owner may direct the Contractor to transfer funds from the Contract Contingency and prepare a revised Project Budget reflecting such transfers in the event that the Owner determine that the line-items amounts in the current Project Budget are not sufficient to over anticipated cost of the Work or in the event that the Owner determine that the subject of a Proposed Change Order (“PCOR”) does not entitle the Contractor to an i...
Contract Contingency. This contract is contingent on the Early Learning Coalition of Brevard County, Inc., Inc. having a signed Grant Agreement with the Agency for Workforce Innovation, Office of Early Learning effective July 1, 2011.
