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. 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. IN WITNESS WHEREOF, the GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY and Carroll (county) have executed this Agreement: GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY SUBRECIPIENT Signature Signature, Authorizing or Highest Official Xxxxxx Xxxxxxxx, Deputy Director of Homeland Security Printed Name and Title of Signatory Printed Name and Title of Signatory 10 / 25 / 2022 / / Date of Signature Date of Signature 00-0000000 Agency XXXX (XX-XXXXXXX) Y3UJJ282L8G1
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. 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.
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 period of the Agreement succeeding the first fiscal period, the Agreement shall be cancelled 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 Party’s rights under any termination clause in the Agreement. The effect of termination of the Agreement hereunder will be to discharge both the Licensee and the County from future performance of the Agreement, but not from their rights and obligations existing at the time of termination. The County or the Licensee shall notify the other Party 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. [SIGNATURES BEGIN ON FOLLOWING PAGE] WITNESS: LICENSEE: By: Name: Title: WITNESS: BALTIMORE COUNTY, MARYLAND By: Xxxx Xxxxx Administrative Officer REVIEWED FOR APPROVAL: REVIEWED FOR APPROVAL: Xxxxxx Xxxxxxxxx, Director Xx Xxxxx, Director Office of Information Technology Department of Public Works REVIEWED FOR APPROVAL: REVIEWED FOR APPROVAL: Xxx Xxxxxx Xxxxx Xxxxxx, Director Office of Real Estate Compliance Office of Budget and Finance APPROVED FOR FORM AND LEGAL SUFFICIENCY: *(Subject to execution by the duly authorized County Administrative Official and County Council, if indicated) Assistant County Attorney *Approval of Form and Legal Sufficiency does not convey approval or disapproval of the substantive nature of this transaction. Approval is based upon typeset document. All modifications require re-approval EXHIBIT A Dark Fiber Description
Non-availability of Funding. The parties acknowledge and agree that the County's performance of its obligations under this Agreement following the initial five-year term hereof is subject to the continuing availability of funds for the County's performance of its obligations during the term hereof. This Agreement may be terminated by County upon a loss or reduction of applicable funding sources.
Non-availability of Funding. This Agreement shall be subject to available funding and nothing in this Agreement shall bind the local, state or federal agencies to expenditures in excess of funds authorized and appropriated for the purposes outlined in the Agreement. Stipulation 6. Confidentiality Maintaining confidentiality of certain historic information is allowed under Section 304 of the National Historic Preservation Act. Therefore, the nature and location of certain historic properties discussed in the Agreement shall be maintained per 36 CFR Part 800.11(c). Stipulation 7. Unanticipated Discoveries
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.
