LACK OF FUNDS. The state may cancel this contract to the extent funds are no longer legally available for expenditures under this contract. Any delivered but unpaid for goods will be returned in normal condition to the contractor by the state. If the state is unable to return the commodities in normal condition and there are no funds legally available to pay for the goods, the contractor may file a claim with the Arkansas Claims Commission. If the contractor has provided services and there are no longer funds legally available to pay for the services, the contractor may file a claim.
LACK OF FUNDS. If for any reason the State or the Federal government terminates or reduces its appropriation to the applicable State Agency entering into the Master Contract or fails to pay the full amount of the allocation for the operation of one or more programs funded under this Master Contract, the Master Contract may be terminated or reduced at the State Agency’s discretion, provided that no such reduction or termination shall apply to allowable costs already incurred by the Contractor where funds are available to the State Agency for payment of such costs. Upon termination or reduction of the Master Contract, all remaining funds paid to the Contractor that are not subject to allowable costs already incurred by the Contractor shall be returned to the State Agency. In any event, no liability shall be incurred by the State (including the State Agency) beyond monies available for the purposes of the Master Contract. The Contractor acknowledges that any funds due to the State Agency or the State of New York because of disallowed expenditures after audit shall be the Contractor’s responsibility.
LACK OF FUNDS. If for any reason the State or the Federal government terminates or reduces its appropriation to the applicable State Agency entering into the Purchase Order Agreements or fails to pay the full amount of the allocation for the operation of one or more programs funded under the Purchase Order Agreements, the State Agency, may at its discretion, terminate or reduce the Purchase Order Agreements, provided that no such reduction or termination shall apply to allowable costs already incurred by the Recipient where funds are available to the State Agency for payment of such costs. Upon termination or reduction of the Purchase Order Agreements, all remaining funds paid to the Recipient that are not subject to allowable costs already incurred by the Recipient shall be returned to the State Agency. In any event, no liability shall be incurred by the State (including the State Agency) beyond monies available for the purposes of the Purchase Order Agreements. The Recipient acknowledges that any funds due to the State Agency or the State because of disallowed expenditures after audit shall be the Recipient’s responsibility.
LACK OF FUNDS. Unit members affected by the layoff shall be given notice as set forth below.
LACK OF FUNDS. Lack of work;
LACK OF FUNDS. Customer may alter services at any time during the Contract Term. All changes must be pre-approved by DSM, negotiated and executed in an SOW.
LACK OF FUNDS. If for any reason the State or the Federal government terminates or reduces its appropriation to the applicable State Agency entering into the Contract or fails to pay the full amount of the allocation for the operation of one or more programs funded under this Contract, the Contract may be terminated or reduced at DHSES’s discretion, provided that no such reduction or termination shall apply to allowable costs already incurred by the Contractor where funds are available to DHSES for payment of such costs. Upon termination or reduction of the Contract, all remaining funds paid to the Contractor that are not subject to allowable costs already incurred by the Contractor shall be returned to DHSES. In any event, no liability shall be incurred by the State (including DHSES) beyond monies available for the purposes of the Contract. The Contractor acknowledges that any funds due to DHSES or the State of New York because of disallowed expenditures after audit shall be the Contractor’s responsibility.
LACK OF FUNDS. Pay any late charges, penalties, and/or interest imposed by lenders or other parties caused by a lack of the Owner’s funds held by the Manager and available for payment to same parties.
LACK OF FUNDS. Lack of funds will not be a ground for any failure or refusal by Corix to:
(a) commence the Infrastructure Work contemplated by the Phase I Application, in accordance with Section 3.3;
(b) extend the Infrastructure as a result of anticipated or unanticipated customer additions in accordance with the Project Plan and subject to the Extension Test;
(c) make the Phase II Application, subject to and in accordance with Section 3.2(b); or
(d) commence the Infrastructure Work contemplated by the Phase II Application, subject to and in accordance with Section 3.4.
LACK OF FUNDS. The reasonableness of a reduction for this reason is subject to review through expedited arbitration. There shall be no reduction of educational programs below that required by the State Board Minimum Standards.
