FUNDING AVAILABILITY. This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.
FUNDING AVAILABILITY. This Contract is at all times subject to state appropriations. The Department makes no express or implied representation or guarantee of continued or future funding under this Contract. The Department has, as of the date of the execution of this Contract, obtained all requisite approvals and authority to enter into and perform its obligations under this Contract, including, without limitation, the obligation to make the initial payment or payments required to be made under this Contract on the date or dates upon which such initial payment or payments may otherwise be disbursed during the current contract period, (i.e., Sept ember 1, 2015, through August 31, 2017). The Grantee acknowledges the Department’s authority to make such payments is contingent upon the Texas Legislature's appropriation to the Department of sufficient funds and the availability of funds to the Department for such purpose. If the State of Texas or the federal government terminates its appropriation through the Department or fails to pay the full amount of the allocation for the operation of any grant or reimbursement program hereunder , or the funds are otherwise unavailable, the Department may immediately and without penalty reduce payments or terminate this Contract, in whole or in part. Upon termination of the Contract or reduction of payments, the Grantee shall return to the Department any unexpended funds already disbursed to the Grantee. Neither the Department nor the State of Texas shall incur liability for damages or any loss that may be caused or associated with such termination or reduction of payments. The Department shall not be required to give prior notice for termination or reduction of payments.
FUNDING AVAILABILITY. Funding after the current fiscal year of any contract resulting from this solicitation is subject to revenue availability and appropriation of funds in the annual budget approved by the Authority’s Board of Directors.
FUNDING AVAILABILITY. A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code.
B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council.
C. This Section shall govern over any other contrary provision of the Contract.
FUNDING AVAILABILITY. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding limitations and conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the CONTRACTOR through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the CONTRACTOR. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments.
FUNDING AVAILABILITY. It is mutually agreed that if the County budget of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the County shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. County budget decisions are subject to the discretion of the Board of Supervisors. If funding for any fiscal year is reduced or deleted by the County budget for purposes of this program, the County shall have the option to either cancel this Agreement with no liability occurring to the County, or offer an Agreement amendment to Contractor to reflect the reduced amount.
FUNDING AVAILABILITY. It is mutually agreed that if the County budget of the current fiscal year and/or any subsequent fiscal year covered under this Agreement does not appropriate sufficient funds for this Agreement, this Agreement shall terminate and be of no further force and effect upon the day notice is provided by County to Contractor of such event. Upon termination of this Agreement, County shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement except for services rendered prior to such termination and Contractor shall not be obligated to perform any provisions of this Agreement. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. County budget decisions are subject to the discretion of the Board of Supervisors. If funding for any fiscal year is reduced or deleted by the County budget for purposes of this Agreement, the County shall have the option to either cancel this Agreement with no liability occurring to the County, except County must reimburse Contractor for services rendered prior to such reduction or modification of the County budget, or offer an amendment to this Agreement to Contractor to reflect the reduced amount.
FUNDING AVAILABILITY. All payment obligations of the Judicial Council under this SLA, the SPPA, or any related agreement, are subject to appropriation by the State Legislature. It is mutually agreed that if the State Legislature does not appropriate sufficient funds, the obligations of the Judicial Council under this SLA, the SPPA, or related agreement, shall be suspended during the continuation of such non-appropriation event or amended to reflect any reduction of appropriated funds. A non-payment by the Judicial Council required under this SLA or the SPPA due to the State Legislature not appropriating funding shall not be an event of default.
FUNDING AVAILABILITY. 6.1 On or about December 8, 2020 the Board of County Commissioners of El Paso County, Colorado appropriated adequate funds to pay for services rendered in accordance with this CONTRACT for fiscal year 2021. This amount is equal to or in excess of the contract amount of this CONTRACT.
6.2 Financial obligations of the COUNTY payable after the current fiscal year are contingent on appropriation or budgeting of funds for those obligations. Should the performance of this CONTRACT continue past the current fiscal year, the COUNTY shall notify CONTRACTOR in writing that sufficient funds are available for continuance of CONTRACTOR’S performance under this CONTRACT into the new fiscal year. Unless CONTRACTOR is notified in writing of availability of funds prior to the end of the current fiscal year, CONTRACTOR shall not commence any work in the new fiscal year for which a new appropriation is required to make payment.
6.3 Any renewal of this CONTRACT is contingent upon available funding and satisfactory performance by the CONTRACTOR, as determined by the COUNTY. It shall be the CONTRACTOR’S responsibility to provide the COUNTY representative (with a copy to the Contracts and Procurement Division) all requested CONTRACT changes and/or price adjustments at least ninety (90) days prior to the expiration of the CONTRACT or CONTRACT renewal date. After review by the COUNTY of the CONTRACTOR’S requested changes or price adjustments, the COUNTY will enter into negotiations with the CONTRACTOR to determine if the requested contract changes and/or price adjustments are acceptable to the COUNTY. Negotiations must be completed sixty (60) days prior to expiration of the CONTRACT or CONTRACT renewal date. Failure of the COUNTY and the CONTRACTOR to agree upon the terms and conditions for the renewal may result in re-solicitation of the goods or services covered by the original CONTRACT. Continued performance by the CONTRACTOR outside of the CONTRACT term will be at the CONTRACTOR’S risk.
FUNDING AVAILABILITY. AmPaM shall have entered into binding agreements with financial institutions, lenders or investors that provide AmPaM with sufficient funds to pay (i) the cash amounts specified in Annex I hereto as payable to the Stockholders upon the Closing and (ii) the aggregate cash amounts specified in Annex I to each of the Other Agreements as payable to the stockholders of the Other Founding Companies upon the Closing; and all conditions to the funding of the cash amounts necessary to make such payments specified in the agreements related to such financing arrangements, other than the closing of the transactions contemplated by this Agreement and the Other Agreements, shall have been satisfied as of the Closing Date.
