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 XXXX 0000, 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.
B. Each Pueblo's obligations arising under this Agreement in future fiscal years are contingent upon sufficient appropriations and authorizations being made by its Tribal Council. Each Pueblo is expressly not committed to expenditure of any funds until such time as they are programmed, budgeted, encumbered and approved for expenditure. Each Pueblo's decision as to whether sufficient appropriations and authorizations have been made shall be conclusive and binding on the other Parties. This subparagraph B shall not apply to money available to meet a Pueblo’s obligations in the Xxxxxx Settlement Pueblos’ Fund or to money withdrawn from that fund by or otherwise made available to a Pueblo pursuant to Section 615 of the Act.
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. 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. 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. 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. The School Board’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the School Board and the availability of funds to pay for the goods and services in this Agreement. The School Board shall be the final authority as to what constitutes an annual appropriation and the availability of funds necessary to continue funding this Agreement. If such funds are not appropriated or available for this Agreement and this Agreement is terminated, such action will not constitute a default by the School Board. Therapist will be provided reasonable notice if funds are not appropriated or available. Notwithstanding any such termination, the School Board shall remain obligated to pay for all purchase orders for products or services fulfilled by Therapist prior to the termination notice.
NON-APPROPRIATION CLAUSE. With respect to all Oklahoma-based transactions and all Oklahoma-based Purchasing Entities, Purchasing Entity may terminate any order if funds sufficient to pay its obligations under this Participating Addendum or any purchase order made under this Participating Addendum are not appropriated by the applicable state legislature, federal government or other appropriate government entity or received from an intended third party funding source. In the event of such insufficiency, Purchasing Entity shall provide ten (10) calendar days’ written notice of intent to terminate. Notwithstanding the foregoing, if a Purchasing Entity issues an order and has accepted the products and/or services under such order, the Purchasing Entity shall be obligated to pay for such products and/or services. In the event of termination of an order as provided in the foregoing, neither the Participating Entity nor the Purchasing Entity shall be considered to be in default or breach under the Participating Addendum nor under the contract, nor shall it be liable for any further payments ordinarily due under, with respect to, related to, or arising out of such order, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination.
