Common use of Non-Appropriations Clause in Contracts

Non-Appropriations. By executing the Agreement, Customer confirms that it has funds appropriated and available to pay all amounts due for E-rate supported Services through the end of it’s current fiscal period. Customer further agrees to request all appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the end of the Agreement Term. In the event Customer is unable to obtain the necessary appropriations for the Services provided under this Attachment, Customer may terminate the Services without liability for the termination charges upon the following conditions: (i) Customer has taken all actions necessary to obtain adequate appropriations; (ii) despite Customer’s best efforts funds have not been appropriated and are otherwise unavailable to pay for the Services; and (iii) Customer has negotiated in good faith a revised agreement with AT&T to develop revised services and terms to accommodate Customer’s budget. Customer must provide AT&T thirty (30) days’ written notice of its intent to terminate the Services. Termination of the Services for failure to obtain necessary appropriations shall be effective as of the last day for which funds were appropriated or otherwise made available. If Customer terminates the Services under this Attachment, Customer agrees as follows: (i) it will pay all amounts due for Services incurred through date of termination and reimburse all unrecovered non-recurring charges; and (ii) it will not contract with any other provider for the same or substantially similar services or equipment for a period equal to the original Agreement term. This section 5 applies to Customer funding appropriations and does not allow for termination if E-rate funding is denied or delayed.

Non-Appropriations. By executing the Agreement, Customer confirms warrants that it Customer has funds appropriated and available to pay all amounts due for E-rate supported Services hereunder through the end of itCustomer’s current fiscal period. Customer further agrees to request all appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the end of the Agreement Term. In the event Customer is unable to obtain the necessary appropriations for the Services provided under this Attachment, Customer may terminate the Services without liability for the termination charges upon the following conditions: (i) Customer has taken all actions necessary to obtain adequate appropriationsappropriations or funding; (ii) despite Customer’s best efforts funds have not been appropriated and are otherwise unavailable to pay for the Services; and (iii) Customer has negotiated in good faith a revised agreement with AT&T to develop revised services and terms terms, an alternative payment schedule or a new agreement to accommodate Customer’s budget. Customer must provide AT&T thirty (30) days’ written notice of its intent to terminate the Services. Termination of the Services for failure to obtain necessary appropriations or funding shall be effective as of the last day for which funds were appropriated or otherwise made available. If Customer terminates the Services under this Attachment, Customer agrees as follows: (i) it will pay all amounts due for Services incurred through date of termination termination, and reimburse all unrecovered non-recurring charges; and (ii) it will not contract with any other provider for the same or substantially similar services or equipment for a period equal to the original Agreement term. This section 5 applies to Customer funding appropriations and does not allow for termination if E-rate funding is denied or delayedTerm.

Non-Appropriations. By executing the Agreement, Customer confirms warrants that it Customer has funds appropriated and available to pay all amounts due for E-rate supported Services hereunder through the end of itCustomer’s current fiscal period. Customer further agrees to request all appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the end of the Agreement Term. In the event Customer is unable to obtain the necessary appropriations for the Services provided under this Attachment, Customer may terminate the Services without liability for the termination charges upon the following conditions: (i) Customer has taken all actions necessary to obtain adequate appropriationsappropriations or funding; (ii) despite Customer’s best efforts funds have not been appropriated and are otherwise unavailable to pay for the Services; and (iii) Customer has negotiated in good faith a revised agreement with AT&T to develop revised services and terms to accommodate Customer’s budget. Customer must provide AT&T thirty (30) days’ written notice of its intent to terminate the Services. Termination of the Services for failure to obtain necessary appropriations or funding shall be effective as of the last day for which funds were appropriated or otherwise made available. If Customer terminates the Services under this Attachment, Customer agrees as follows: (i) it will pay all amounts due for Services incurred through date of termination termination, and reimburse all unrecovered non-recurring recurring, and/or special construction charges; and (ii) it will not contract with any other provider for the same or substantially similar services or equipment for a period equal to the original Agreement term. This section 5 applies to Customer funding appropriations and does not allow for termination if E-rate funding is denied or delayedTerm.

Non-Appropriations. By executing the Agreement, Customer confirms warrants that it Customer has funds appropriated and available to pay all amounts due for E-rate supported Services hereunder through the end of itthe Customer’s current fiscal period. Customer further agrees to request all appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the end of the Agreement Service Term. In the event Customer is unable to obtain the necessary appropriations or funding for the Services provided under this AttachmentE-Rate Rider, Customer may terminate the Services without liability for the termination cancellation charges upon under the following conditions: (i) Customer has taken all actions necessary to obtain adequate appropriationsappropriations or funding; (ii) despite Customer’s best efforts funds have not been appropriated and are otherwise unavailable to pay for the Services; and (iii) Customer has negotiated in good faith a revised agreement with AT&T Frontier to develop revised services and terms terms, an alternative payment schedule or a new agreement to accommodate Customer’s budget. Customer must provide AT&T Frontier thirty (30) days’ written notice of its intent to terminate the Services. Termination of the Services for failure to obtain necessary appropriations or funding shall be effective as of the last day for which funds were appropriated or otherwise made available. If Customer terminates the Services under in accordance with this Attachmentprovision, Customer agrees as follows: (i) it will pay all amounts due for Services incurred through date of termination termination, and reimburse all unrecovered non-recurring charges; and (ii) it will not contract pay Frontier all applicable cancellation charges if it contracts with any other provider for the same or substantially similar services or equipment for a period equal to Services during the original Agreement term. This section 5 applies to Customer funding appropriations and does not allow for termination if E-rate funding is denied or delayedService Term.