FISCAL FUNDING CLAUSE. Notwithstanding any provisions contained in this Agreement, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation for the term of the Agreement and any pertinent extensions. The City shall not have a right of action against County in the event County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to the City at the earliest possible time prior to the end of its fiscal year.
FISCAL FUNDING CLAUSE. Notwithstanding any provision contained herein to the contrary, the obligations of the Parties under this Agreement is expressly contingent upon the appropriation and allotment of adequate funds by the Texas State Legislature (the “Legislature”) and/or allocation of funds by the DCCCD Board and the CFBISD Board. The Parties shall make any payment required under this Agreement only from current revenue available to them.
FISCAL FUNDING CLAUSE. The continuation of this agreement is contingent upon the appropriation and availability of funds to fulfill the requirements of the agreement. If insufficient monies are appropriated to provide for the continuation of the agreement, or if such funding is reduced by government action and the effect of such reduction is to provide insufficient monies for the continuation of the Agreement, the Agreement shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated. Subrecipient acknowledges that the funding for this Agreement is subject to congressional, legislative or executive changes such as mid-year budget reductions, which could result in a mid-year reduction of funds available pursuant to this agreement. No person in the United States shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this chapter. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in section 794 of title 29 shall also apply to any such program or activity.
FISCAL FUNDING CLAUSE. 12.1 The continuation of this agreement is contingent upon the appropriation of funds to fulfill the requirements of the agreement by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the agreement, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the agreement, the agreement shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated.
FISCAL FUNDING CLAUSE. Notwithstanding any provisions contained herein, the obligations of the City and District under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement. Subject to the Termination provision under Section 8 of this Agreement, the parties shall have no right of action against the other in the event the parties are unable to fulfill their obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the parties are unable to fulfill their obligations under this Agreement as a result of lack of sufficient funding, or if fundsbecome unavailable, the City and District, at their sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice at the earliest possible time prior to the end of its fiscal year; however, the parties shall be required to pay for services already received at the time of notice.
FISCAL FUNDING CLAUSE. 18.1 Notwithstanding any provisions contained herein, the obligations of the County and Participant under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the Term of the Agreement and any extensions thereto.
18.2 Participant and the County shall have no right of action against the other party in the event the other party is unable to fulfill its obligations under this Agreement because of insufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future Agreement Terms.
18.3 In the event that the County or Participant is unable to fulfill its obligations under this Agreement because of insufficient funding, or if funds become unavailable, each party, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to the other party at the earliest possible time.
FISCAL FUNDING CLAUSE. 12.1 In the event funds are not budgeted or appropriated in any fiscal year for payments due under this Agreement for the then current or succeeding fiscal year, this Agreement shall impose no obligation on the State as to such current or succeeding fiscal year, and said Agreement shall become null and void, and no right of action shall accrue to the benefit of the Contracting Party, its successors or assigns for any further payments.
FISCAL FUNDING CLAUSE. Despite any provision in this Agreement, the obligations of District under it are expressly contingent upon the availability of funding for each obligation in it for the duration of the Agreement. County has no right of action against District if District is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for obligation from any source used to fund this Agreement or failure to budget funding for this Agreement during the current or future fiscal years. If District is unable to fulfill its obligations under this Agreement due to a lack of sufficient funding, or if funds become unavailable, District, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to County at the earliest possible time.
FISCAL FUNDING CLAUSE. Notwithstanding any provisions contained herein, the obligations of the parties under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement. Neither party shall have a right of action against the other party in the event one party is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for an item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that a party is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds becomes unavailable, that party, at its sole discretion, may provide funds from a separate source or may terminate this Agreement by written notice to the other party at the earliest possible time ptior to the end of its fiscal year. In the event that either party is unable to fulfill its obligations under this Agreement as result of lack of sufficient funding, the other party may immediately terminate this Agreement.
FISCAL FUNDING CLAUSE. Notwithstanding any provision contained herein to the contrary, the obligations of the parties under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein. A party shall have no right of action against the other party in the event the other party is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding to pay for its obligations hereunder from any source utilized to fund this Agreement or from failure of the party to budget or authorize for this Agreement during the current or any future fiscal year. In the event a party is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, that party, at its sole discretion, may provide funds from a separate source or may otherwise terminate this Agreement by written notice to the other party at the earliest possible time prior to the end of the fiscal year; provided, however, the terminating party shall be required to pay for Services already received or return fees for any Services not yet received, as the case may be, as of the time the party provides such notice. In the event a party is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, the other party may immediately terminate this Agreement.
