Common use of NON-APPROPRIATION CLAUSE Clause in Contracts

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. 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B shall not apply to money available to meet a Pueblo’s obligations in the Xxxxxx Settlement Pueblos’ Fund or to money withdrawn from that fund by or otherwise made available to a Pueblo pursuant to Section 615 of the Act.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. A. So as to comply with NMSA 1978XXXX 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.