Failure to Appropriate Sample Clauses

Failure to Appropriate. On or before July 1st of each year, each RCS Party and Associate must give written notification to the Program Manager/Xxxxxxxxxx County of its intent to appropriate its Subscriber Unit Fees. Following its governing body’s formal appropriation of such Subscriber Unit Fees, each RCS Party and Associate shall provide the Program Manager/Xxxxxxxxxx County with written documentation evidencing its formal appropriation. In the event that an RCS Party’s or Associate’s governing body fails to appropriate the necessary funds at the beginning of its fiscal year, such RCS Party or Associate may be considered to be in material breach of this Agreement and may be subject to termination as set forth herein in Subsection 18.03.
Sample 1Sample 2
AutoNDA by SimpleDocs
Failure to Appropriate. If the City fails to make an Appropriation to the Authority in accordance with this Agreement in a Fiscal Year, then the City shall make an Appropriation of the amount provided for in accordance with this Agreement in the following fiscal years to reconcile the underpayment.
Sample 1
Failure to Appropriate. Unless otherwise agreed to by the Parties, failure by either Party to appropriate moneys for the ensuing fiscal year to pay all amounts estimated to become due under this IGA for the ensuing fiscal year. Notwithstanding any provisions of this IGA to the contrary, the terms and obligations of this IGA are subject to annual appropriations by the Parties so as to not create a multiple fiscal year obligation pursuant to Article X, Section 20 of the Colorado Constitution. In the event of non-appropriation, the non-appropriating Party shall give the other Party written notice of the non- appropriation not later than December 15th of such year and pay any amounts that are due and have not been paid before the end of the then-current fiscal year.
Sample 1
Failure to Appropriate. (a) The obligation of Purchaser to pay the Purchase Installments and all other amounts payable by the Purchaser hereunder is subject to appropriation by the Maryland General Assembly. In the event sufficient funds shall not be appropriated for the payment of the Purchase Installments required to be paid under Exhibit C to continue the acquisition of the Seller’s interest in the Buses or to pay other amounts payable by the Purchaser under this Agreement, Purchaser shall not be obligated to make payment of the Purchase Installments provided for in this Agreement beyond the last date for which an appropriation is available. Purchaser shall deliver written notice to Seller of a Failure to Appropriate no later than ten days after Purchaser has knowledge that an appropriation will not be available. In the event of a Failure to Appropriate, the obligations of Purchaser requiring the expenditure of appropriated funds will cease so long as all payments previously appropriated have been made. The Certificates shall be subject to mandatory redemption upon the occurrence of a Failure to Appropriate and subsequent sale of the Department’s interest in the Buses, as provided in Section 5.02 of the Trust Agreement. (b) Promptly upon approval by the Maryland General Assembly in subsequent years of such appropriations pertaining to the Buses, but in any event not later than 60 days prior to the final day of the Fiscal Year, the Purchaser shall furnish a fully-executed certificate to the Trustee (with a copy to the Seller) in the form of Appendix B attached hereto which shall certify that the Maryland General Assembly has authorized appropriations sufficient to enable the Purchaser to make the payments required under this Agreement for the immediately succeeding Fiscal Year.
Sample 1
Failure to Appropriate. The failure of a BVWACS Party to appropriate its proportionate share of the BVWACS Budget by the first day of the Fiscal Year for which the Operating Budget and Capital Costs Budget is applicable shall be a material default of such BVWACS Party under this Agreement, and the BVWACS Parties shall follow the procedures for termination of a BVWACS Party set out in this Agreement addressing the effect of breach and default.
Sample 1
Failure to Appropriate. The City hereby certified that it has made sufficient appropriation in its Fiscal Year budget (ending June 30th); provided, however, this Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the City therein.
Sample 1
Failure to Appropriate. If the State has not obtained proper appropriation of the full amount of funds necessary to make Purchase Installments under the Purchase Agreement during the next succeeding fiscal year of the State, then the obligations of the State requiring the expenditure of appropriated funds will cease so long as all payments previously appropriated have been made and, commencing with the immediately succeeding fiscal year, the Buses shall be surrendered to the Trustee and the Certificates will be subject to mandatory redemption and subsequent sale of the Department’s interest in the Buses as provided in the Trust Agreement. In the event funds available therefrom are not sufficient to redeem the Certificates in full, then payment of a redemption price of less than 100 percent of the principal amount and accrued interest amount and accrued interest to the redemption date shall constitute a redemption in full of the Certificates, and the Owners hereof shall have no further claim for payment against the State or the Department. No assurance is given that such will be sufficient to pay the Purchase Installments when due.
Sample 1
AutoNDA by SimpleDocs
Failure to Appropriate. University is a public institution and its budget is subject to annual appropriation by the State of Idaho Legislature. This Agreement shall in no way or manner be construed to bind or obligate University or State of Idaho beyond the term of any particular appropriation of funds by the Legislature as may exist from time to time. University reserves the right to terminate this Agreement in whole or in part if, in its sole judgment, the Legislature of the State of Idaho fails, neglects, or refuses to appropriate sufficient funds as may be required for University to continue to perform its obligations hereunder, or requires any return or “give back” of funds required for University to continue to perform its obligations hereunder, or if the Executive Branch of the State of Idaho mandates any cuts or holdbacks in spending. All affected future rights and liabilities of the Parties hereto shall cease within ten (10) calendar days after notice by University of intent to terminate this Agreement under this provision.
Sample 1

Related to Failure to Appropriate

  • Failure to Appoint If the party receiving the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairperson within seven (7) days of their appointment, the appointment shall be made by the Minister of Labour upon request of either party.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Failure to Elect If no election as to the Class of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be deemed to be under the Multicurrency Commitments. If no election as to the Currency of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be denominated in Dollars. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one month and, if an Agreed Foreign Currency has been specified, the requested Syndicated Borrowing shall be a Eurocurrency Borrowing denominated in such Agreed Foreign Currency and having an Interest Period of one month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, (i) if the Currency specified for such Borrowing is Dollars (or if no Currency has been so specified), the requested Borrowing shall be a Eurocurrency Borrowing denominated in Dollars having an Interest Period of one month’s duration, and (ii) if the Currency specified for such Borrowing is an Agreed Foreign Currency, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Relation to Applicable Law The provisions of Sections 8.4, 8.5 and 8.6 of this Attachment with regard to the confidentiality of information shall be in addition to and not in derogation of any provisions of Applicable Law with regard to the confidentiality of information, including, but not limited to, 47 U.S.C. § 222, and are not intended to constitute a waiver by Verizon of any right with regard to protection of the confidentiality of the information of Verizon or Verizon Customers provided by Applicable Law.

  • Where No Appropriation If, as provided for in section 4.3, the LHIN does not receive the necessary funding from the MOHLTC, the LHIN may terminate this Agreement immediately by giving Notice to the HSP.

  • FAILURE TO CONTRIBUTE Pursuant to Section 00-00-000 of the Act, any contribution must be satisfied by the Member within sixty (60) days from the date of the call for capital. If a Member fails to make its required contributions to the Company, then the other Members may seek enforcement of the obligation to contribute capital. Any remedy under the Act may be pursued, including allowing the individual to become a Member without a transferable interest, provided there is unanimous consent from all Members who have satisfied their contribution obligations.

  • Agreement Subject to Appropriation The City is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the City’s then current fiscal year. The City’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the City concerning budgeted purposes and appropriation of funds. Should the City elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the City shall be relieved of any subsequent obligation under this Agreement. The parties agree that the City has no obligation or duty of good faith to budget or appropriate the payment of the City’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The City shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The City shall keep Consultant informed as to the availability of funds for this Agreement. The obligation of the City to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the City. Consultant hereby waives any and all rights to bring any claim against the City from or relating in any way to the City’s termination of this Agreement pursuant to this section.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Agree If the Contractor claims entitlement to a change in the Contract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contract, as it determines are appropriate pursuant to the Contract. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 12. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!