Non-availability of Funding. If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State’s rights or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.
Non-availability of Funding. If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of a TOA or SWO under this Contract succeeding the first fiscal period, the TOA or SWO shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State’s rights or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the TOA or SWO will be to discharge both the Contractor and the State from future performance of the TOA or SWO, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the TOA or SWO. The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of TOA or SWO for each succeeding fiscal period beyond the first.
Non-availability of Funding. If the County fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the County’s or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the County from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The County shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.
Non-availability of Funding. If the General Assembly fails to appropriate funds or if funds are not otherwise made available for the continued performance for any fiscal period of the MHBE operations, this Agreement shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the MHBE’s rights or the Carrier’s rights under any termination clause in this Agreement. The effect of termination of the Agreement hereunder will be to discharge both the Carrier and the MHBE from future performance of the Agreement, but not from their rights and obligations existing at the time of termination. The MHBE shall notify the Carrier as soon as it has knowledge that funds may not be available for the continuation of this Agreement for each succeeding fiscal period beyond the first.
Non-availability of Funding. Notwithstanding any other provision of this agreement, in the event that either of the sources of funding for reimbursement under this agreement (appropriations from the General Assembly of the State of Georgia or the Congress of the United States of America) no longer exist, in the event, the sum of all obligations of XXXX/HS incurred under this and all otheragreements entered into for this program exceeds the balance of such funding, then this agreement shall immediately terminate without further obligation of XXXX/HS. The certification by the Director of XXXX/HS of the occurrence of either of the events stated above shall be conclusive.
Non-availability of Funding. 8.1 If State or federal funds are not appropriated or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, the State, at its sole discretion, may cancel the Contract as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State's rights or the Contractor's rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring cost incurred but not amortized in the price of the Contract. The Department will give the Contractor thirty (30) days notice in the event the Department does not receive the funds to pay for the total cost of the services provided under this Contract.
8.2 If State or federal funds are not appropriated or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, the State may elect to continue the contract. The parties agree to renegotiate the services and rates to be provided. Any such negotiation will be based on the actual costs of the Contractor in providing the services purchased by the Department. If the Contractor should agree to provide the services for less than the Contractor’s actual cost (upon approval by the BPW if the change is more than $50,000), the Department agrees to recognize specifically that it is not funding actual costs and further agrees not to use the price as a baseline for budgeting or inflation purposes in any contract in which the Contractor has agreed to accept reimbursement at actual costs. The Contractor agrees that upon its acceptance of the negotiated consideration under the Contract, it waives its right, if any, to seek additional compensation from the Department.
Non-availability of Funding. If the Maryland General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal year of this Contract succeeding the first fiscal year, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the AOC’s rights or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the AOC from future performance of the Contract but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any agreed upon non-recurring costs incurred but not amortized in the price of the Contract. The AOC shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.
Non-availability of Funding. Notwithstanding any other provision of this agreement, in the event that either of the sources of funding for reimbursement under this agreement (appropriations from the General Assembly of the State of Georgia or the Congress of the United States of America) no longer exist, in the event, the sum of all obligations of GEMA/HS incurred under this and all other agreements entered into for this program exceeds the balance of such funding, then this agreement shall immediately terminate without further obligation of GEMA/HS. The certification by the Director of GEMA/HS of the occurrence of either of the events stated above shall be conclusive.
Non-availability of Funding. 1. If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance of the Contract for any fiscal period of the Contract succeeding the first fiscal period, the Contract shall be automatically canceled as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, this shall not affect either the Department’s rights or the Contractor’s rights under any termination clause in the Contract. The effect of termination of the Contract shall be to discharge both the Contractor and the Department from future performance of the Contract, but not from their obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the services delivered under the Contract. The Department shall notify the Contractor within 90 days prior to the commencement of each fiscal period succeeding the first fiscal period, or as soon thereafter as the Department has knowledge that the funds are not available for the continuation of the Contract for such succeeding fiscal period.
Non-availability of Funding. If funds are not appropriated or otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this contract shall be canceled automatically as of the beginning of the new fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the College’s rights or the Contractor’s
