NON-APPROPRIATION CLAUSE. If payment for Work under this Contract extends into the County's next fiscal year, County’s obligation to pay for such Work is subject to approval of future appropriations to fund this Contract by the Board of County Commissioners of Multnomah County, Oregon.
NON-APPROPRIATION CLAUSE. Notwithstanding any other provisions of this Agreement, the parties agree that the rental is payable by Lessee from appropriations, grants, and monies from the State Legislature and other governmental entities. In the event sufficient appropriation, grants, and monies are not made available to Lessee to pay this rent for any fiscal year, this Agreement shall terminate without further obligation of Lessee. In such event, the chief executive officer of Lessee shall certify to Lessor that sufficient funds have not been made available to Lessee to meet the obligations of this Agreement; and such certification shall be conclusive upon the parties.
NON-APPROPRIATION CLAUSE. A. So as to comply with NMSA 1978, Section 6-6-11 (1968) and N.M. Const., art. IX, Section 10, the County’s obligations arising under this Agreement in future fiscal years are contingent upon sufficient appropriations and authorizations being made by the Board of County Commissioners of the County. The County is expressly not committed to expenditure of any funds until such time as they are programmed, budgeted, encumbered and approved for expenditure. The County’s decision as to whether sufficient appropriations and authorizations have been made shall be conclusive and binding on the other Parties. This subparagraph A shall not apply to money available to the County as a result of payment received from the United States pursuant to the Act; provided, however, that nothing herein obligates the County to appropriate or expend such money for the initial planning, design, and construction of the Regional Water System.
NON-APPROPRIATION CLAUSE. In the event of non-appropriation of funds by a party’s funding entity (i.e. the Alaska Legislature, United States Congress, city council, borough assembly or board of directors) for participation under this Agreement, the non- appropriation of money for that Party shall not constitute a breach of contract by the Party and no contract damages may be pursued by the other Parties, nor other legal action brought, whether in contract or equity, due solely to the non-appropriation.
NON-APPROPRIATION CLAUSE. Contractor acknowledges that the Town of Wake Forest is a governmental entity, and the contract validity is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of the Town of Wake Forest’s obligations under this contract, then this contract shall automatically expire without penalty to the Town of Wake Forest thirty (30) days after written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that the Town of Wake Forest shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations. In the event of a change in the Town of Wake Forest’s statutory authority, mandate and mandated functions, by state and federal legislative or regulatory action, which adversely affects the Town of Wake Forest’s authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to the Town of Wake Forest upon written notice to Contractor of such limitation or change in the Town of Wake Forest’s legal authority.
NON-APPROPRIATION CLAUSE. Obligations of the State will cease immediately without penalty or further payment being required in any fiscal year the Illinois General Assembly fails to appropriate or otherwise make available sufficient funds for payment of this Agreement.
NON-APPROPRIATION CLAUSE. Payments pursuant to his Agreement are subject to the availability of applicable Federal and State funding from the Illinois Department of Commerce and Economic Opportunity, Office of Employment and Training as allocated to the MCWN and their appropriation and authorized expenditure under state laws. Obligations of the MCWN will cease immediately without penalty or liability of further payment being required if in any fiscal year that this Agreement is in effect the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available sufficient funds for this grant. The Service Provider hereby is given actual knowledge of the fact that pursuant to the State Finance Act, 30 ILCS 105/30, payments under this agreement are contingent upon there existing a valid appropriation therefore and that no officer shall contract any indebtedness on behalf of the MCWN or assume to bind the MCWN in an amount in excess of the money appropriated, unless expressly authorized by law. If this is a multi-year grant, it is void by operation of law if the MCWN fails to obtain the requisite appropriation to pay the grant in any year in which this Agreement is in effect.
NON-APPROPRIATION CLAUSE. The terms of any Contract resulting from the solicitation and any Purchase Order issued for multiple years under the Contract are contingent upon sufficient appropriations being made by the Legislature or other appropriate government entity. Notwithstanding any language to the contrary in the solicitation, purchase order, or any other Contract document, the procuring agency may terminate its obligations under the Contract if sufficient appropriations are not made by the Legislature or other appropriate governing entity to pay amounts due for multiple year agreements. The Requesting (procuring) Agency's decisions as to whether sufficient appropriations are available shall be accepted by the supplier and shall be final and binding.
NON-APPROPRIATION CLAUSE. City’s obligation is payable only and solely from funds available for the purpose of the purchase. Failure of the City to appropriate funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Seller by City.
NON-APPROPRIATION CLAUSE. Each Party’s obligation to pay any amounts, perform any activities or provide any items under this Agreement is conditioned upon that Party’s receiving funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow the Party, in the exercise of its reasonable administrative discretion, to meet its obligations under this Agreement. Nothing in this Agreement is to be construed as permitting any violation of Article XI, section 7 of the Oregon Constitution or any other law regulating liabilities or monetary obligations of the State of Oregon.
