Common use of Non-availability of Funding Clause in Contracts

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 Board of County Commissioners 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 County fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract Agreement succeeding the first fiscal period, this Contract 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 County’s or the ContractorVendor’s rights under any termination clause in this ContractAgreement. The effect of termination of the Contract Agreement hereunder will be to discharge both the Contractor Vendor and the County from future performance of the ContractAgreement, but not from their rights and obligations existing at the time of termination. The Contractor Vendor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the ContractAgreement. The County shall notify the Contractor Vendor as soon as it has knowledge that funds may not be available for the continuation of this Contract Agreement for each succeeding fiscal period beyond the first.