Common use of Lack of Sufficient Funds or Statutory Authority Clause in Contracts

Lack of Sufficient Funds or Statutory Authority. If funding for DIR's and/or the DIR Customers' obligations under this Agreement is reduced by Law or funds sufficient to pay Successful Respondent for the Services provided hereunder are not appropriated by applicable governing bodies or otherwise made available by Law, then DIR may, upon at least thirty (30) days prior notice to Successful Respondent, decrease the amount and types of the Services in such manner and for such periods of time as DIR may elect. In such event, the Charges shall be adjusted downward in accordance with Exhibit 2 Pricing, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent shall not be providing to the extent that Exhibit 2 Pricing does not provide for such reduction. DIR shall promptly notify Successful Respondent if DIR believes that the necessary funding or authorizations shall not be obtained. If partial funding sufficient only for a portion of the Services shall be made available, the Parties may agree to perform their respective obligations relative to such Services, and this Agreement shall be amended accordingly. DIR and many of the DIR Customers are State agencies whose authority is subject to the actions of the State legislature. Some DIR Customers may additionally be subject to the actions of the United States Congress or other governmental authorities. If funds sufficient to pay DIR's and/or the DIR Customers' obligations under this Agreement are not appropriated by applicable governmental authorities or if DIR's statutory authority to enter into this Agreement is repealed by the State legislature or ruled unconstitutional by a court of competent jurisdiction, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. If DIR, any DIR Customer(s), and/or the subject matter of this Agreement become subject to a legislative or regulatory change or the revocation of statutory or regulatory authority that would (1) render the continued provision of the Services impossible or unnecessary, (2) render this Agreement invalid, illegal, or otherwise unenforceable, (3) substantially decrease the amount and types of the Services, or (4) terminate the appropriations for this Agreement, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice.

Lack of Sufficient Funds or Statutory Authority. If funding for DIR's and/or and the DIR Customers' obligations under this Agreement is reduced by Law or funds sufficient to pay Successful Respondent Service Provider for the Services provided hereunder are not appropriated by applicable governing bodies or otherwise made available by Law, then DIR may, upon at least thirty (30) days prior notice to Successful RespondentService Provider, decrease the amount and types of the Services in such manner and for such periods of time as DIR may elect. In such event, the Charges shall be adjusted downward in accordance with Exhibit 2 Pricing4, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent Service Provider shall not be providing to the extent that Exhibit 2 Pricing 4 does not provide for such reductionreduction and the Parties shall negotiate equitable adjustments to the Service Levels if and to the extent that any resulting reductions in scope or volume of Services directly affect Service Provider's ability to meet the Service Levels, provided that Service Provider notifies DIR the extent to which it will not be able to meet such Service Levels and uses commercially reasonable efforts to meet the Service Levels notwithstanding such reductions. DIR shall promptly notify Successful Respondent Service Provider if DIR believes that the necessary funding or authorizations shall not be obtained. If partial funding sufficient only for a portion of the Services shall be made available, the Parties may agree to perform their respective obligations relative to such Services, and this Agreement shall be amended accordingly. DIR and many of the DIR Customers are State agencies whose authority is subject to the actions of the State legislature. Some DIR Customers may additionally be subject to the actions of the United States Congress or other governmental authorities. If funds sufficient to pay DIR's and/or and the DIR Customers' obligations under this Agreement are not appropriated by applicable governmental authorities or if DIR's statutory authority to enter into this Agreement is repealed by the State legislature or ruled unconstitutional by a court of competent jurisdiction, then DIR may, upon notice to Successful RespondentService Provider, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. If DIR, any DIR Customer(s), ) and/or the subject matter of this Agreement become subject to a legislative or regulatory change or the revocation of statutory or regulatory authority that would (1a) render the continued provision of the Services impossible or unnecessary, (2b) render this Agreement invalid, illegal, illegal or otherwise unenforceable, (3c) substantially decrease the amount and types of the Services, Services or (4d) terminate the appropriations for this Agreement, then DIR may, upon notice to Successful RespondentService Provider, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. If DIR elects to terminate in accordance with this Section 20.9, subject to statutory or legislative restrictions, Service Provider may assert a claim for Termination Charges in accordance with Chapter 2260, Texas Government Code, and DIR Rule Number 1, Texas Administrative Code Section 201.1(b).

Lack of Sufficient Funds or Statutory Authority. If funding for DIR's and/or and the DIR Customers' obligations under this Agreement is reduced by Law or funds sufficient to pay Successful Respondent for the Services provided hereunder are not appropriated by applicable governing bodies or otherwise made available by Law, then DIR may, upon at least thirty (30) days prior notice to Successful Respondent, decrease the amount and types of the Services in such manner and for such periods of time as DIR may elect. In such event, the Charges shall be adjusted downward in accordance with Exhibit 2 Pricing4.0 Business Model, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent shall not be providing to the extent that Exhibit 2 Pricing 4.0 Business Model does not provide for such reduction. DIR shall promptly notify Successful Respondent if DIR believes that the necessary funding or authorizations shall not be obtained. If partial funding sufficient only for a portion of the Services shall be made available, the Parties may agree to perform their respective obligations relative to such Services, and this Agreement shall be amended accordingly. DIR and many of the DIR Customers are State agencies whose authority is subject to the actions of the State legislature. Some DIR Customers may additionally be subject to the actions of the United States Congress or other governmental authorities. If funds sufficient to pay DIR's and/or and the DIR Customers' obligations under this Agreement are not appropriated by applicable governmental authorities or if DIR's statutory authority to enter into this Agreement is repealed by the State legislature or ruled unconstitutional by a court of competent jurisdiction, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. If DIR, any DIR Customer(s), and/or the subject matter of this Agreement become subject to a legislative or regulatory change or the revocation of statutory or regulatory authority that would (1a) render the continued provision of the Services impossible or unnecessary, (2b) render this Agreement invalid, illegal, illegal or otherwise unenforceable, (3c) substantially decrease the amount and types of the Services, Services or (4d) terminate the appropriations for this Agreement, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice.

Lack of Sufficient Funds or Statutory Authority. If funding for DIR's and/or the DIR Customers' obligations under this Agreement is reduced by Law law or funds sufficient to pay Successful Respondent for the Services provided hereunder are not appropriated by applicable governing bodies or otherwise made available by Lawlaw, then DIR may, upon at least thirty (30) days prior notice to Successful Respondent, decrease the amount and types of the Services in such manner and for such periods of time as DIR may elect. In such event, the Charges shall be adjusted downward in accordance with Exhibit 2 Pricing, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent shall not be providing to the extent that Exhibit 2 Pricing does not provide for such reductionproviding. DIR shall promptly notify Successful Respondent if DIR believes that the necessary funding or authorizations shall not be obtained. If partial funding sufficient only for a portion of the Services shall be made available, the Parties may agree to perform their respective obligations relative to such Services, and this Agreement shall be amended accordingly. DIR and many of the DIR Customers are is a State agencies agency whose authority is subject to the actions of the State legislature. Some DIR Customers may additionally be subject to the actions of the United States Congress or other governmental authorities. If funds sufficient to pay DIR's and/or the DIR Customers' obligations under this Agreement are not appropriated by applicable governmental authorities or if DIR's statutory authority to enter into this Agreement is repealed by the State legislature or ruled unconstitutional by a court of competent jurisdiction, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. If DIR, any DIR Customer(s), and/or the subject matter of this Agreement become subject to a legislative or regulatory change or the revocation of statutory or regulatory authority that would (1a) render the continued provision of the Services impossible or unnecessary, (2b) render this Agreement invalid, illegal, illegal or otherwise unenforceable, (3c) substantially decrease the amount and types of the Services, Services or (4d) terminate the appropriations for this Agreement, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. Except for prepaid but unused subscription fees to the Open Data Portal, DIR will not be entitled to a refund or offset of previously paid fees under a termination under this Section.

Lack of Sufficient Funds or Statutory Authority. ‌ If funding for DIR's and/or and the DIR Customers' obligations under this Agreement is reduced by Law or funds sufficient to pay Successful Respondent Service Provider for the Services provided hereunder are not appropriated by applicable governing bodies or otherwise made available by Law, then DIR may, upon at least thirty (30) days prior notice to Successful RespondentService Provider, decrease the amount and types of the Services in such manner and for such periods of time as DIR may elect. In such event, the Charges shall be adjusted downward in accordance with Exhibit 2 Pricing4, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent Service Provider shall not be providing to the extent that Exhibit 2 Pricing 4 does not provide for such reductionreduction and the Parties shall negotiate equitable adjustments to the Service Levels if and to the extent that any resulting reductions in scope or volume of Services directly affect Service Provider's ability to meet the Service Levels, provided that Service Provider notifies DIR the extent to which it will not be able to meet such Service Levels and uses commercially reasonable efforts to meet the Service Levels notwithstanding such reductions. DIR shall promptly notify Successful Respondent Service Provider if DIR believes that the necessary funding or authorizations shall not be obtained. If partial funding sufficient only for a portion of the Services shall be made available, the Parties may agree to perform their respective obligations relative to such Services, and this Agreement shall be amended accordingly. DIR and many of the DIR Customers are State agencies whose authority is subject to the actions of the State legislature. Some DIR Customers may additionally be subject to the actions of the United States Congress or other governmental authorities. If funds sufficient to pay DIR's and/or and the DIR Customers' obligations under this Agreement are not appropriated by applicable governmental authorities or if DIR's statutory authority to enter into this Agreement is repealed by the State legislature or ruled unconstitutional by a court of competent jurisdiction, then DIR may, upon notice to Successful RespondentService Provider, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. If DIR, any DIR Customer(s), ) and/or the subject matter of this Agreement become subject to a legislative or regulatory change or the revocation of statutory or regulatory authority that would (1a) render the continued provision of the Services impossible or unnecessary, (2b) render this Agreement invalid, illegal, illegal or otherwise unenforceable, (3c) substantially decrease the amount and types of the Services, Services or (4d) terminate the appropriations for this Agreement, then DIR may, upon notice to Successful RespondentService Provider, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. If DIR elects to terminate in accordance with this Section 20.9, subject to statutory or legislative restrictions, Service Provider may assert a claim for Termination Charges in accordance with Chapter 2260, Texas Government Code, and DIR Rule Number 1, Texas Administrative Code Section 201.1(b).

Lack of Sufficient Funds or Statutory Authority. If funding for DIR's and/or the DIR DCS Customers' obligations under this Agreement is reduced by Law or funds sufficient to pay Successful Respondent for the Services provided hereunder are not appropriated by applicable governing bodies or otherwise made available by Law, then DIR may, upon at least thirty (30) days prior notice to Successful Respondent, decrease the amount and types of the Services in such manner and for such periods of time as DIR may elect. In such event, the Charges shall be adjusted downward in accordance with Exhibit 2 Pricing, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent shall not be providing to the extent that Exhibit 2 Pricing does not provide for such reduction. DIR shall promptly notify Successful Respondent if DIR believes that the necessary funding or authorizations shall not be obtained. If partial funding sufficient only for a portion of the Services shall be made available, the Parties may agree to perform their respective obligations relative to such Services, and this Agreement shall be amended accordingly. DIR and many of the DIR DCS Customers are State agencies whose authority is subject to the actions of the State legislature. Some DIR DCS Customers may additionally be subject to the actions of the United States Congress or other governmental authorities. If funds sufficient to pay DIR's and/or the DIR DCS Customers' obligations under this Agreement are not appropriated by applicable governmental authorities or if DIR's statutory authority to enter into this Agreement is repealed by the State legislature or ruled unconstitutional by a court of competent jurisdiction, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. If DIR, any DIR DCS Customer(s), and/or the subject matter of this Agreement become subject to a legislative or regulatory change or the revocation of statutory or regulatory authority that would (1) render the continued provision of the Services impossible or unnecessary, (2) render this Agreement invalid, illegal, or otherwise unenforceable, (3) substantially decrease the amount and types of the Services, or (4) terminate the appropriations for this Agreement, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice.

Lack of Sufficient Funds or Statutory Authority. If funding for DIR's and/or the DIR DCS Customers' obligations under this Agreement is reduced by Law or funds sufficient to pay Successful Respondent for the Services provided hereunder are not appropriated by applicable governing bodies or otherwise made available by Law, then DIR may, upon at least thirty (30) days prior notice to Successful Respondent, decrease the amount and types of the Services in such manner and for such periods of time as DIR may elect. In such event, the Charges shall be adjusted downward in accordance with Exhibit 2 Financial Provisions and Pricing, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent shall not be providing to the extent that Exhibit 2 Financial Provisions and Pricing does not provide for such reduction. DIR shall promptly notify Successful Respondent if DIR believes that the necessary funding or authorizations shall not be obtained. If partial funding sufficient only for a portion of the Services shall be made available, the Parties may agree to perform their respective obligations relative to such Services, and this Agreement shall be amended accordingly. DIR and many of the DIR DCS Customers are State agencies whose authority is subject to the actions of the State legislature. Some DIR DCS Customers may additionally be subject to the actions of the United States Congress or other governmental authorities. If funds sufficient to pay DIR's and/or the DIR DCS Customers' obligations under this Agreement are not appropriated by applicable governmental authorities or if DIR's statutory authority to enter into this Agreement is repealed by the State legislature or ruled unconstitutional by a court of competent jurisdiction, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. If DIR, any DIR DCS Customer(s), and/or the subject matter of this Agreement become subject to a legislative or regulatory change or the revocation of statutory or regulatory authority that would (1) render the continued provision of the Services impossible or unnecessary, (2) render this Agreement invalid, illegal, or otherwise unenforceable, (3) substantially decrease the amount and types of the Services, or (4) terminate the appropriations for this Agreement, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice.

Lack of Sufficient Funds or Statutory Authority. If funding for DIR's and/or and the DIR Customers' obligations under this Agreement is reduced by Law or funds sufficient to pay Successful Respondent for the Services provided hereunder are not appropriated by applicable governing bodies or otherwise made available by Law, then DIR may, upon at least thirty (30) days prior notice to Successful Respondent, decrease the amount and types of the Services in such manner and for such periods of time as DIR may elect. In such event, the Charges shall be adjusted downward in accordance with Exhibit 2 Pricing4.0 Business Model, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent shall not be providing to the extent that Exhibit 2 Pricing 4.0 Business Model does not provide for such reduction. DIR shall promptly notify Successful Respondent if DIR believes that the necessary funding or authorizations shall not be obtained. If partial funding sufficient only for a portion of the Services shall be made available, the Parties may agree to perform their respective obligations relative to such Services, and this Agreement shall be amended accordingly. DIR and many of the DIR Customers are State agencies whose authority is subject to the actions of the State legislature. Some DIR Customers may additionally be subject to the actions of the United States Congress or other governmental authorities. If funds sufficient to pay DIR's and/or and the DIR Customers' obligations under this Agreement are not appropriated by applicable governmental authorities or if DIR's statutory authority to enter into this Agreement is repealed by the State legislature or ruled unconstitutional by a court of competent jurisdiction, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. If DIR, any DIR Customer(s), and/or the subject matter of this Agreement become subject to a legislative or regulatory change or the revocation of statutory or regulatory authority that would (1a) render the continued provision of the Services impossible or unnecessary, (2) render this Agreement invalid, illegal, or otherwise unenforceable, (3) substantially decrease the amount and types of the Services, or (4) terminate the appropriations for this Agreement, then DIR may, upon notice to Successful Respondent, terminate this Agreement, in whole or in part, as of the termination date specified in the notice.,

Lack of Sufficient Funds or Statutory Authority. ‌ If funding for DIR's and/or and the DIR Customers' obligations under this Agreement is reduced by Law or funds sufficient to pay Successful Respondent Service Provider for the Services provided hereunder are not appropriated by applicable governing bodies or otherwise made available by Law, then DIR may, upon at least thirty (30) days prior notice to Successful RespondentService Provider, decrease the amount and types of the Services in such manner and for such periods of time as DIR may elect. In such event, the Charges shall be adjusted downward in accordance with Exhibit 2 Pricing4, to the extent applicable, or equitably adjusted downward in proportion to the portion of the Services that Successful Respondent Service Provider shall not be providing to the extent that Exhibit 2 Pricing 4 does not provide for such reduction. DIR shall promptly notify Successful Respondent Service Provider if DIR believes that the necessary funding or authorizations shall not be obtained. If partial funding sufficient only for a portion of the Services shall be made available, the Parties may agree to perform their respective obligations relative to such Services, and this Agreement shall be amended accordingly. DIR and many of the DIR Customers are State agencies whose authority is subject to the actions of the State legislature. Some DIR Customers may additionally be subject to the actions of the United States Congress or other governmental authorities. If funds sufficient to pay DIR's and/or and the DIR Customers' obligations under this Agreement are not appropriated by applicable governmental authorities or if DIR's statutory authority to enter into this Agreement is repealed by the State legislature or ruled unconstitutional by a court of competent jurisdiction, then DIR may, upon notice to Successful RespondentService Provider, terminate this Agreement, in whole or in part, as of the termination date specified in the notice. If DIR, any DIR Customer(s), ) and/or the subject matter of this Agreement become subject to a legislative or regulatory change or the revocation of statutory or regulatory authority that would (1a) render the continued provision of the Services impossible or unnecessary, (2b) render this Agreement invalid, illegal, illegal or otherwise unenforceable, (3c) substantially decrease the amount and types of the Services, Services or (4d) terminate the appropriations for this Agreement, then DIR may, upon notice to Successful RespondentService Provider, terminate this Agreement, in whole or in part, as of the termination date specified in the notice.