Common use of Fiscal Funding Clause in Contracts

Fiscal Funding. (A) As set forth in State of Colorado Fiscal Rules and §23(B) below, this Lease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. While the act of appropriation is a legislative act, Xxxxxx will take appropriate actions under the laws applicable to Tenant to timely and properly budget for, request of and seek and pursue appropriation of funds from the General Assembly of the State of Colorado permitting Tenant to make payments required hereunder during the period to which such appropriation applies. If funds are not appropriated, this Lease shall terminate upon the exhaustion of such appropriation, with no penalty or additional cost to Tenant. Tenant shall notify Landlord of such non-allocation of funds by sending written notice thereof to Landlord forty-five (45) days prior to the effective date of termination. (B) Tenant’s obligation to pay rent hereunder constitutes a current expense of Tenant payable exclusively from Tenant's funds and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or any agency or department thereof within the meaning of any provision of §§ 1,2,3,4, or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to the State concerning the creation of indebtedness. Neither Tenant, nor Landlord on its behalf, has pledged the full faith and credit of the State, or any agency or department thereof to the payment of the charges hereunder, and this Lease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payments due hereunder.

Fiscal Funding. (A) As set forth in prescribed by State of Colorado Fiscal Rules and §23(B) below, this Lease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. While the act of appropriation is a legislative act, Xxxxxx will take appropriate actions under the laws applicable to Tenant to timely and properly budget for, request of and seek and pursue appropriation of funds from the General Assembly of the State of Colorado permitting Tenant to make payments required hereunder during the period to which such appropriation applies. If funds are not appropriated, this Lease shall terminate upon at the exhaustion end of such appropriationthe then current fiscal year, with no penalty or additional cost to Tenant. Tenant shall notify Landlord of such non-allocation of funds by sending written notice thereof to Landlord forty-five (45) days prior to the effective date of termination. (B) Tenant’s obligation to pay rent hereunder constitutes a current expense of Tenant payable exclusively from Tenant's funds and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or any agency or department thereof within the meaning of any provision of §§ 1,2,3,4, or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to the State concerning the creation of indebtedness. Neither Tenant, nor Landlord on its behalf, has pledged the full faith and credit of the State, or any agency or department thereof to the payment of the charges hereunder, and this Lease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payments due hereunder.

Fiscal Funding. (A) As set forth in State of Colorado Fiscal Rules and §23(B) 23B. below, this Lease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. While the act of appropriation is a legislative act, Xxxxxx will take appropriate actions under the laws applicable to Tenant to timely and properly budget for, request of and seek and pursue appropriation of funds from the General Assembly of the State of Colorado permitting Tenant to make payments required hereunder during the period to which such appropriation applies. If funds are not appropriated, this Lease shall terminate upon the exhaustion of such appropriation, with no penalty or additional cost to Tenant. Tenant shall notify Landlord of such non-allocation of funds by sending written notice thereof to Landlord forty-five (45) days prior to the effective date of termination. (B) . Tenant’s obligation to pay rent hereunder constitutes a current expense of Tenant payable exclusively from Tenant's funds and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or any agency or department thereof within the meaning of any provision of §§ 1,2,3,4, or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to the State concerning the creation of indebtedness. Neither Tenant, nor Landlord on its behalf, has pledged the full faith and credit of the State, or any agency or department thereof to the payment of the charges hereunder, and this Lease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payments due hereunder.

Fiscal Funding. (A) As set forth in State of Colorado Fiscal Rules and §23(B) below, this Lease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. While the act of appropriation is a legislative act, Xxxxxx Tenant will take appropriate actions under the laws applicable to Tenant to timely and properly budget for, request of and seek and pursue appropriation of funds from the General Assembly of the State of Colorado permitting Tenant to make payments required hereunder during the period to which such appropriation applies. If funds are not appropriated, this Lease shall terminate upon the exhaustion of such appropriation, with no penalty or additional cost to Tenant. Tenant shall notify Landlord of such non-allocation of funds by sending written notice thereof to Landlord forty-five (45) days prior to the effective date of termination. (B) Tenant’s obligation to pay rent hereunder constitutes a current expense of Tenant payable exclusively from Tenant's funds and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or any agency or department thereof within the meaning of any provision of §§ 1,2,3,4, or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to the State concerning the creation of indebtedness. Neither Tenant, nor Landlord on its behalf, has pledged the full faith and credit of the State, or any agency or department thereof to the payment of the charges hereunder, and this Lease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payments due hereunder.

Fiscal Funding. (AI) As set forth in prescribed by State of Colorado Fiscal Rules Rules, it is understood and §23(B) below, agreed this Lease is dependent upon the continuing availability of funds beyond the term of the State's ’s current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. While Further, the parties recognize that the act of appropriation is a legislative act, Xxxxxx will and the Tenant hereby covenants to take appropriate actions such action as is necessary under the laws applicable to the Tenant to timely and properly budget for, request of and seek and pursue appropriation of funds from by the General Assembly Legislature of the State of Colorado permitting which will permit Tenant to make all payments required hereunder under this Lease during the period to which such appropriation appliesshall apply. If In the event there shall be no funds are not appropriatedmade available, this Lease shall terminate upon at the exhaustion end of such appropriationthe then current fiscal year, with no penalty or additional cost to Tenant. Tenant shall notify Landlord of such non-allocation of funds by sending written notice as a result thereof to Landlord forty-five (45) days prior to the effective date of terminationTenant. (BII) Tenant’s To make certain the understanding of the parties because this Lease may be extended beyond the current fiscal year, Tenant and Landlord understand and intend that the obligation of the Tenant to pay rent the monthly rental hereunder constitutes a current expense of the Tenant payable exclusively from Tenant's ’s funds and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or any agency or department thereof within the meaning of any provision of §§ 1,2,3,4Sections 1, 2, 3, 4, or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to the State concerning the creation of indebtedness. Neither the Tenant, nor the Landlord on its behalf, has pledged the full faith and credit of the State, or any agency or department thereof to the payment of the charges hereunder, and this Lease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payment of the annual rental charges. (III) With such limitations in mind, Tenant contracts to lease the Leased Premises herein before described and has reason to believe that sufficient funds will be available for the full term of this Lease. Where, for reasons beyond Tenant’s control, Tenant’s funding entity does not allocate funds for any fiscal period beyond the one in which this Lease is entered into, or does not allocate funds to continue this Lease from the then current fiscal period, such failure to obtain funds not resulting from any act or failure to act on the part of Tenant, Tenant will not then be obligated to make the payments due hereunderremaining beyond Tenant’s then current fiscal period. In such event, Tenant shall notify Landlord of such non allocation of funds by sending written notice thereof to the Landlord thirty (30) days prior to the effective date of termination. (IV) The parties hereto further understand and agree that the only funds that have or may be so appropriated and available for payment under this Lease in any one particular fiscal year are for the purpose and in an amount sufficient only to pay the rental charges provided for in paragraph 3 above. Therefore, notwithstanding anything herein to the contrary, the payment by the Tenant of any other charges, liabilities, costs, guarantees, waivers, and any awards thereon of any kind pursuant to this Lease against Tenant are contingent upon funds for such purpose(s) being appropriated, budgeted and otherwise made available through the said State of Colorado legislative process.

Fiscal Funding. (A) As set forth in prescribed by State of Colorado Fiscal Rules Rules, it is understood and §23(B) below, agreed this Lease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, budgeted and otherwise made available. While Fur- ther, the parties recognize that the act of appropriation is a legislative act, Xxxxxx will and the Lessee hereby covenants to take appropriate actions such action as is necessary under the laws applicable to Tenant the Lessee to timely and properly budget for, request of and seek and pursue appropriation of funds from of the General Assembly Legislature of the State of Colorado permitting Tenant which will permit the Lessee to make all payments required hereunder under this Lease during the period to which such appropriation appliesappropria- tion shall apply. If In the event there shall be no funds are not appropriatedmade available, this Lease shall terminate upon at the exhaustion end of such appropriationthe then-current fiscal year, with no penalty or additional cost to Tenant. Tenant shall notify Landlord of such non-allocation of funds by sending written notice as a result thereof to Landlord forty-five (45) days prior to the effective date of terminationLessee. (B) Tenant’s To make certain the understanding of the parties because this Lease will extend beyond the current fis- cal year, the Lessee and the Lessor understand and intend that the obligation of the Lessee to pay rent the monthly rental hereunder constitutes a current expense of Tenant the Lessee payable exclusively from Tenantthe Lessee's funds and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or any agency agen- cy or department thereof within the meaning of any provision of §§ 1,2,3,4Section 1, 2, 3, 4 or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to the State concerning the creation of indebtedness. Neither Tenantthe Lessee, nor Landlord the Lessor on its behalf, has pledged the full faith and credit of the State, State or any agency or department thereof to the payment of the charges hereunder, and this Lease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payment of the annual rental charges. (C) With such limitations in mind, the Lessee contracts to lease the Premises hereinbefore described and has reason to believe that sufficient funds will be available for the full term of the Lease. Where, for reasons beyond the Lessee's control, the Lessee's funding entity does not allocate funds for any fiscal period beyond the one in which this Lease is entered into, or does not allocate funds to continue this Lease from the then- current fiscal period, such failure to obtain funds not resulting from any act or failure to act on the part of the Lessee, the Lessee will not then be obligated to make the payments due hereunderremaining beyond the Lessee's then- current fiscal period. In such event, the Lessee shall notify the Lessor of such non-allocation of funds by sending written notice thereof to the Lessor forty-five (45) days prior to the effective date of termination. (D) The parties hereto further understand and agree that the only funds that have or may be so appropriated and available for payment under this Lease in any one (1) particular fiscal year are for the purpose and in an amount sufficient only to pay the rental charges provided for in article 1 above. Therefore, notwithstanding anything herein to the contrary, the payment by the Lessee of any other charges, liabilities, costs, guarantees, waivers and any awards thereon of any kind pursuant to this Lease against the Lessee are contingent upon funds for such purpose(s) being appropriated, budgeted and otherwise made available through the said State of Colorado Legislature process.

Fiscal Funding. (A) 11.1 As set forth in prescribed by State of Colorado Fiscal Rules and §23(B) below, this Lease Sublease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. While the act of appropriation is a legislative act, Xxxxxx Subtenant will take appropriate actions under the laws applicable to Tenant the Subtenant to timely and properly budget for, request of and seek and pursue appropriation of funds from the General Assembly of the State of Colorado permitting Tenant Subtenant to make payments required hereunder during the period to which such appropriation applies. If funds are not appropriated, this Lease Sublease shall terminate upon at the exhaustion end of such appropriationthe then current fiscal year, with no penalty or additional cost to TenantSubtenant. Tenant Subtenant shall notify Landlord subSublandlord of such non-allocation of funds by sending written notice thereof to Landlord Sublandlord forty-five (45) days prior to the effective date of termination. (B) Tenant11.2 Subtenant’s obligation to pay rent Monthly Rent hereunder constitutes a current expense of Tenant the Subtenant payable exclusively from TenantSubtenant's funds and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or any agency or department thereof within the meaning of any provision of §§ 1,2,3,4, or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to the State concerning the creation of indebtedness. Neither Tenantthe Subtenant, nor Landlord the Sublandlord on its behalf, has pledged the full faith and credit of the State, or any agency or department thereof to the payment of the charges hereunder, and this Lease Sublease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payments due hereunder.