Common use of Limitation on Payment of Funds Clause in Contracts

Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided): (a) in addition to any other limitation under the Agreement on the payment of Funds, the Province is not obligated to provide: (i) any Funds to the Recipient until the Recipient fulfils the special conditions listed in section A.31.1 (Special Conditions); and (ii) any Funds to the Recipient until the Province and Canada are satisfied with the progress of the Project; (b) the Province, at its sole discretion, may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.2 (Preparation and Submission); and (c) any payment of Funds is subject to: (i) the requirements of the Financial Administration Act (Ontario), including the availability of an appropriation by the Ontario Legislature that is sufficient and constitutes lawful authority for the payment; (ii) ministerial funding levels in respect of transfer payments, the program under which the Agreement was made, or otherwise that are sufficient for the payment; and (iii) Canada’s payment of funds to the Province, pursuant to the Bilateral Agreement, that are sufficient for the payment. The Province, at its sole discretion, may reduce or cancel any amount of Funds or terminate the Agreement in response to a reduction or lack of federal or provincial government appropriation, ministerial funding levels, or Canada’s payment of funds. Notwithstanding Article A.9.0 (Limitation of Liability and Indemnity), the Province will not be liable for any direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract or in tort (including negligence) or otherwise, arising from any reduction or cancellation of Funds. If any changes to the Agreement, including changes in respect of the Project, are required as a result, the Parties agree to amend the Agreement accordingly.

Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided): (a) in addition to any other limitation under the Agreement on the payment of Funds, the Province is not obligated to provide: (i) any Funds to the Recipient until the Recipient fulfils the special conditions listed in section A.31.1 (Special Conditions); and (ii) any Funds to the Recipient until the Province and Canada are satisfied with the progress of the any Project; (b) the Province, at its sole discretion, may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.2 (Preparation and Submission); and (c) any payment of Funds is subject to: (i) the requirements of the Financial Administration Act (Ontario), including the availability of an appropriation by the Ontario Legislature that is sufficient and constitutes lawful authority for the payment; (ii) ministerial funding levels in respect of transfer payments, the program under which the Agreement was made, or otherwise that are sufficient for the payment; and (iii) Canada’s payment of funds to the Province, pursuant to the Bilateral Agreement, that are sufficient for the payment. The Province, at its sole discretion, may reduce or cancel any amount of Funds or terminate the Agreement in response to a reduction or lack of federal or provincial government appropriation, ministerial funding levels, or Canada’s payment of funds. Notwithstanding Article A.9.0 (Limitation of Liability and Indemnity), the Province will not be liable for any direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract or in tort (including negligence) or otherwise, arising from any reduction or cancellation of Funds. If any changes to the Agreement, including changes in respect of the any Project, are required as a result, the Parties agree to amend the Agreement accordingly.

Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided): (a) in addition to any other limitation under the Agreement on the payment of Funds, the Province is not obligated to provide: (i) any Funds to the Recipient until the Recipient fulfils the special conditions listed in section A.31.1 A.32.1 (Special Conditions); and (ii) any instalment of Funds to the Recipient in respect of any Project until the Province and Canada are satisfied with the progress of the Project; (b) the Province, at its sole discretion, Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.2 (Preparation and Submission); and (c) any payment of Funds is subject to: (i) the requirements of the Financial Administration Act (Ontario), including the availability of an appropriation by the Ontario Legislature that is sufficient and constitutes lawful authority for the payment; (ii) ministerial funding levels in respect of transfer payments, the program under which the Agreement was made, or otherwise that are sufficient for the payment; and (iii) Canada’s payment of funds to the Province, pursuant to the Bilateral Agreement, that are sufficient for the payment. The Province, at its sole discretion, Province may reduce or cancel any terminate the amount of Funds or terminate it provides to the Agreement Recipient in response to a reduction or lack of federal or provincial government appropriation, ministerial funding levels, or Canada’s payment of funds. Notwithstanding Article A.9.0 (Limitation of Liability and Indemnity), the Province will not be liable for any direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract or in tort (including negligence) or otherwise, arising from any reduction or cancellation termination of Funds. If any changes to the Agreement, including changes in respect of the Projectany Project or Budget, are required as a result, the Parties agree to amend the Agreement accordingly.

Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided): (a) in addition to any other limitation under the Agreement on the payment of Funds, the Province is not obligated to provide: (i) any Funds to the Recipient until the Recipient fulfils the special conditions listed in section A.31.1 (Special Conditions); and (ii) any Funds to the Recipient until the Province and Canada are satisfied with the progress of the Project; (b) the Province, at its sole discretion, Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.2 (Preparation and Submission); and (c) any payment of Funds is subject to: (i) the requirements of the Financial Administration Act (Ontario), including the availability of an appropriation by the Ontario Legislature that is sufficient and constitutes lawful authority for the payment; (ii) federal and provincial ministerial funding levels in respect of transfer payments, the program under which the Agreement was made, or otherwise that are sufficient for the paymentsufficient; and (iii) Canada’s payment of funds to the Province, pursuant to the Bilateral Agreement, that are sufficient for the payment. The Province, at its sole discretion, Province may reduce or cancel any the amount of Funds or terminate the Agreement in response to a reduction or lack absence of federal an appropriation federally or provincial government appropriationprovincially, reduction to ministerial funding levels, or Canada’s failure to make payment of funds. Notwithstanding Article A.9.0 (Limitation of Liability and Indemnity), the Province will not be liable for any direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract or in tort (including negligence) or otherwise, arising from any reduction or cancellation termination of Funds. If any changes to the Agreement, including changes in respect of the Project, Agreement are required as a result, the Parties agree to amend the Agreement accordingly.