Limitation of Payments. Owner’s obligation to pay the CMTISP for services rendered pursuant to this Agreement is conditioned upon the availability of state funds which are allocated to pay the CMTISP. If funds are not allocated and available for Owner to pay the CMTISP for these services, Owner may terminate this Agreement at the end of the period for which the funds are available. Owner shall notify CMTISP at the earliest possible time if this Agreement will or may be affected by a shortage of funds. No liability shall accrue to Owner in the event this provision is exercised, and OWNER shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section. This provision shall not be construed so as to permit Owner to terminate this Agreement to acquire similar services from another party. The CMTISP shall be paid for all services provided and expenses incurred prior to receipt of any such notification that Owner is terminating the Contract because of a shortage of funds.
Appears in 5 contracts
Samples: Construction Materials Testing & Inspection Services Agreement, Construction Materials Testing & Inspection Services Agreement, Testing and Inspection Services Agreement
