Common use of Measure of Liability Clause in Contracts

Measure of Liability. In consideration of full and satisfactory performance of the services and activities hereun- der by SUBRECIPIENT and receipt of required reporting and documentation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget in Exhibit B, subject to the limitations and provisions set forth in Exhibit B and in this Section and Section 7 of this Agreement. Payments may be contingent upon certi- fication of the SUBRECIPIENT’s financial management system in accordance with the standards specified in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (1) The parties expressly understand and agree that CITY’s obligations under this Section are contingent upon the actual receipt of adequate ARP funds to meet CITY’s liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRECIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability or terminate the Agreement. If funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Xxxxxx. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed, or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) is not an allowable cost as defined by Section 8 of this Agreement or in the Budget set forth in Exhibit B. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than SUBRECIPIENT for payment of any monies or provision of any goods or services. (6) Funding not expended within the term of this Agreement will revert to the City of Xxxxxx budget for use on alternative services or projects.

Measure of Liability. In consideration of full and satisfactory performance of the services and activities hereun- der hereunder by SUBRECIPIENT RECIPIENT and receipt of required reporting and a requisition for payment with appropriate documentation of expenditures, CITY shall make payments to SUBRECIPIENT RECIPIENT based on the Budget in Exhibit B, subject to the limitations and provisions set forth in Exhibit B and in this Section and Section 7 of this Agreement. Payments may be contingent upon certi- fication certification of the SUBRECIPIENTRECIPIENT’s financial management system in accordance with the standards specified in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (1) The parties expressly understand and agree that CITY’s obligations under this Section are contingent upon the actual receipt of adequate ARP ESG funds to meet CITY’s liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRECIPIENT RECIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability or terminate the Agreement. If funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT RECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Xxxxxx. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed, or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) has not been billed to CITY within 90 calendar days following billing to RECIPIENT, or termination of the Agreement, whichever date is earlier; or (e) is not an allowable cost as defined by Section 8 10 of this Agreement or in the Budget set forth in Exhibit B.project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT RECIPIENT requiring prior written authorization from CITY, or after CITY has requested that SUBRECIPIENT RECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT RECIPIENT to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than SUBRECIPIENT RECIPIENT for payment of any monies or provision of any goods or services. (6) Funding not expended within the term of this Agreement will revert to the City of Xxxxxx budget for use on alternative services or projects.

Measure of Liability. In consideration of full and satisfactory performance of the services activities referred to in this Contract, TDHCA shall be liable for actual and activities hereun- der reasonable costs incurred by SUBRECIPIENT and receipt of required reporting and documentation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget in Exhibit BSubrecipient during the Contract Period for performances rendered under this Contract by the Subrecipient, subject to the limitations and provisions set forth in Exhibit B and in this Section and Section 7 of this Agreement. Payments may be contingent upon certi- fication of the SUBRECIPIENT’s financial management system in accordance with the standards specified in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards4. (1) The . It is expressly understood and agreed by the parties expressly understand and agree that CITY’s TDHCA's obligations under this Section 4 are contingent upon the actual receipt and availability of adequate ARP state or federal funds to meet CITY’s TDHCA's liabilities under this AgreementContract. If adequate funds are not available to make payments under this AgreementContract, CITY TDHCA shall notify SUBRECIPIENT the Subrecipient in writing within a reasonable time after such fact has been is determined. CITY may, at its option, either reduce TDHCA shall terminate this Contract and will not be liable for failure to make payments to the amount of its liability or terminate the AgreementSubrecipient under this Contract. 2. If funds eligible for use for purposes of this Agreement are reduced, CITY TDHCA shall not be liable to the Subrecipient for further payments due to SUBRECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates any costs incurred by the General Fund Subrecipient, or any other monies or credits of the City of Xxxxxx. (3) CITY shall not be liable for any cost or portion thereof which: (a) thereof, which has been paid, reimbursed, paid to the Subrecipient or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date Subrecipient, or after has been reimbursed to the ending date specified Subrecipient or is subject to reimbursement to the Subrecipient by any source other than TDHCA or the Subrecipient. 3. TDHCA shall not be liable to the Subrecipient for any costs incurred by the Subrecipient which are not allowable costs, as set forth in Section 1;6 (A) of this Contract. (c) is 4. TDHCA shall not be liable to the Subrecipient for any costs incurred by the Subrecipient or for any performances rendered by the Subrecipient which are not strictly in strict accordance with the terms of this AgreementContract, including all the terms of the exhibits attached hereto;described in Section 3. 5. TDHCA shall not be liable to the Subrecipient for any costs incurred by the Subrecipient in the performance of this Contract which have not been billed to TDHCA by the Subrecipient within sixty (d60) is not an allowable cost as defined by days after the Contract Period unless otherwise provided for in the Project Completion Report referred to in Section 8 (C) of this Agreement or in the Budget set forth in Exhibit B.Contract. (4) CITY 6. TDHCA shall not be liable for any cost costs incurred or portion thereof which is incurred with respect to any activity performances rendered by the Subrecipient before commencement of SUBRECIPIENT requiring prior written authorization from CITYthe Contract Period, after the Contract Period, or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding furtherif terminated early, upon termination of this Contract, unless the Subrecipient receives written approval from TDHCA and until CITY advises SUBRECIPIENT to proceedthey are specifically identified in Exhibit A, Performance Statement and Exhibit B, Budget, of this Contract. (5) CITY 7. TDHCA shall not be obligated or liable for costs incurred and reserved on the Project Completion Report if such costs are not billed to TDHCA within ninety (90) days after the Contract’s termination date. An exception will be made for the reserved funds for the xxxxx 0% administrative drawdown for programmatic closure. Audit funds reserved on the Project Completion Report eligible for reimbursement under the provisions of Section 19 of this Contract shall be billed to TDHCA within twelve months after the end of the Subrecipient’s fiscal year that follows the termination date of this Contract. TDHCA shall deobligate all reserved funds not requested under this Agreement to any party other than SUBRECIPIENT for payment of any monies or provision of any goods or servicessubsection. (6) Funding not expended within the term of this Agreement will revert to the City of Xxxxxx budget for use on alternative services or projects.

Measure of Liability. In consideration of full and satisfactory performance of the services activities referred to in Section 3 of this contract, the Department shall be liable for actual and activities hereun- der reasonable costs incurred by SUBRECIPIENT and receipt of required reporting and documentation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget in Exhibit BSubrecipient during the contract period for performances rendered under this contract by the Subrecipient, subject to the limitations and provisions set forth in Exhibit B and in this Section and Section 7 of this Agreement. Payments may be contingent upon certi- fication of the SUBRECIPIENT’s financial management system in accordance with the standards specified in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards4. (1) The . It is expressly understood and agreed by the parties expressly understand and agree that CITY’s the Department's obligations under this Section 4 are contingent upon the actual receipt of adequate ARP state or federal funds to meet CITY’s Department's liabilities under this Agreementcontract. If adequate funds are not available to make payments under this Agreementcontract, CITY Department shall notify SUBRECIPIENT the Subrecipient in writing within a reasonable time after such fact has been is determined. CITY may, at its option, either reduce Department shall terminate this contract and will not be liable for failure to make payments to the amount of its liability or terminate the AgreementSubrecipient under this contract. 2. If funds eligible for use for purposes of this Agreement are reduced, CITY The Department shall not be liable to the Subrecipient for further payments due to SUBRECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates any costs incurred by the General Fund Subrecipient, or any other monies or credits of the City of Xxxxxx. (3) CITY shall not be liable for any cost or portion thereof which: (a) thereof, which has been paid, reimbursed, paid to the Subrecipient or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date Subrecipient, or after has been reimbursed to the ending date specified Subrecipient or is subject to reimbursement to the Subrecipient by any source other than the Department or the Subrecipient. 3. The Department shall not be liable to the Subrecipient for any costs incurred by the Subrecipient which are not allowable costs, as set forth in Section 1;6 (A) of this contract. (c) is 4. The Department shall not be liable to the Subrecipient for any costs incurred by the Subrecipient or for any performances rendered by the Subrecipient which are not strictly in strict accordance with the terms of this Agreementcontract, including all exhibits attached hereto;the terms of Exhibit A, Exhibit B, Exhibit C, and Exhibit D of this contract. 5. The Department shall not be liable to the Subrecipient for any costs incurred by the Subrecipient in the performance of this contract which have not been billed to the Department by the Subrecipient within sixty (d60) is not an allowable cost as defined by days following termination of this contract unless otherwise provided for in the Certificate of Expenditures referred to in Section 8 (C) of this Agreement or in the Budget set forth in Exhibit B.contract. (4) CITY 6. The Department shall not be liable for any cost costs incurred or portion thereof which is incurred with respect to any activity performances rendered by the Subrecipient before commencement of SUBRECIPIENT requiring prior written authorization from CITY, this contract or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding furthertermination of this contract, unless the Subrecipient receives written approval from the Department and until CITY advises SUBRECIPIENT to proceedsuch costs are specifically identified in Exhibit A, Performance Statement and Exhibit B, Budget, of this contract and are undertaken in accordance with the requirements of 24 CFR Part 570, Subpart I and 24 CFR Part 58. (5) CITY 7. Except for costs reserved in accordance with Section 25 of this contract, the Department shall not be liable for costs incurred and reserved on the Certificate of Expenditure if such costs are not billed to the Department within ninety days after the contract’s termination date. Audit funds reserved on the Certificate of Expenditure eligible for reimbursement under the provisions of Section 19 of this contract shall be billed to the Department within nine months after the end of the Subrecipient’s fiscal year that follows the termination date of this contract. The Department shall deobligate all reserved funds not requested under this subsection. 8. The Department shall not be obligated or liable to pay for any expenses of the Subrecipient under this Agreement Contract that HUD determines are not reimbursable with federal grant funds. Should the Subrecipient receive any federal grant funds from the Department that HUD determines at any time are not subject to any party other than SUBRECIPIENT for payment of any monies or provision of any goods or services. (6) Funding not expended within with federal grant funds, the term of this Agreement will revert Subrecipient shall refund to the City of Xxxxxx budget for use on alternative services or projectsDepartment any and all such amounts that have been paid by the Department to the Subrecipient.