Early Termination Due To Insufficient Budgetary Allotment From Government. The Lead Institution may terminate this Agreement in writing within 90 days if sufficient funds are not provided or allotted in future government-approved budgets of the Subscriber (or reasonably available or expected to become available from other sources at the time the Subscriber’s payment obligation attaches) to permit the Subscriber, in the exercise of its reasonable administrative discretion, to continue this. After termination pursuant to this section 5.3 the Subscriber shall be due the prorated Fees relating to the period prior to termination.
Early Termination Due To Insufficient Budgetary Allotment From Government. The Subscriber may terminate this Agreement upon thirty (30) days notice given by the Subscriber to Elsevier if sufficient funds are not provided, allocated or allotted in future government-approved budgets of the Subscriber or reasonably available or expected to become available from other sources at the time the Subscriber’s payment obligation attaches to permit the Subscriber, in the exercise of its reasonable administrative discretion, to continue this Agreement. Notwithstanding the foregoing, if access to the Subscribed Products was provided but not yet paid for prior to termination, Elsevier will be entitled to receive a pro rata portion of the Fees attributable to the period of time that access was provided.
