NON-FUNDING CLAUSE. County intends to request the appropriation of funds to be paid for the services provided by Contractor under this Agreement. If funds are not available beyond December 31st of any effective fiscal year of this Agreement, County’s obligation for performance of this Agreement beyond that date shall be null and void. This Agreement shall create no obligation on County as to succeeding fiscal years and shall terminate and become null and void on the last day of the fiscal year for which funds were budgeted and appropriated, except as to those portions of payments agreed upon for which funds were appropriated and budgeted. Said termination shall not be construed as a breach of this Agreement or any Event of Default under this Agreement and said termination shall be without penalty, whatsoever, and no right of action for damages or other relief shall accrue to the benefit of Contractor, its successors, or its assigns, as to this Agreement, or any portion thereof, which may terminate and become null and void. If funds are not appropriated for a succeeding fiscal year to fund performance by County under this Agreement, County shall promptly notify Contractor of said non-funding and the termination of this Agreement, and in no event, later than thirty (30) days prior to the expiration of the fiscal year for which funds were appropriated.
NON-FUNDING CLAUSE. Any obligation of H-GAC created by this Agreement is conditioned upon the availability of state or federal funds appropriated or allocated for the payment of such obligations. H-GAC shall not be otherwise obligated or liable for any future payments due, or for any damages as a result of interruption of payment or termination.
NON-FUNDING CLAUSE. It is understood by the parties that County is a governmental entity, and that County funding for this Agreement is subject to the funds being appropriated by the legislative body. In the event no funds or insufficient funds are appropriated and budgeted in the fiscal year(s) of this Agreement, this Agreement shall terminate and become void on the last day of the fiscal year for which funds were budgeted and appropriated, or in the event of a reduction in appropriations, on the last day before the reduction becomes effective. Said termination shall not be construed as a breach or default under this Agreement and said termination shall be without penalty, additional payments, or other expense to the County of any kind whatsoever, and no right of action for damages or other relief shall accrue to the benefit of Attorney.
NON-FUNDING CLAUSE. The County intends to request the appropriation of funds to be paid for the services provided by Contractor under the Agreement. The Agreement shall create no obligation on the County as to succeeding annual budget cycles and if funds are not available beyond December 31 of any effective annual budget cycle of the Agreement, or if the budget is amended and such funds are no longer available, the County’s obligation for performance of the Agreement shall be null and void. This termination shall not be construed as a breach of the Agreement or any event of default under the Agreement and the termination shall be without penalty, and no right of action for damages or other relief shall accrue to the benefit of Contractor, its successors, or its assigns, as to the Agreement. If funds are not appropriated for a succeeding annual budget cycle to fund performance by the County under the Agreement, or if the budget is amended to make such funds no longer available, the County shall attempt to notify Contractor of non-funding and the termination of the Agreement.
NON-FUNDING CLAUSE. It is understood and agreed that if COUNTY’S funding is either discontinued or re‐ duced for the services to be provided under this Agreement, then COUNTY will have the right to terminate this Agreement under section 17. (A) (“Termination Without Cause”) as of the end of the term for which funds are appropriated. Such termination shall be without penalty, liability, or expense to COUNTY of any kind, provided that COUNTY shall pay CONTRACTOR in accordance with section 17. (A) for services satisfactorily performed prior to the date of such termination and to the extent funds have been appropriated for such payment. Notice shall be fully given in writing through service in person or by first class mail.
NON-FUNDING CLAUSE. (a) The County has requested or intends to request an appropriation of Transportation Funds to be paid to the MSD for the purposes set forth in this Agreement. If Transportation Funds are not appropriated and made available beyond December 31 of the county fiscal year in which this Agreement becomes effective, the County’s obligation to contribute Transportation Funds to the MSD under this Agreement beyond that date will be null and void. This Agreement places no obligation on the County to Contribute Transportation Funds to the MSD in succeeding fiscal years. The County’s obligation to contribute Transportation Funds to the MSD under this Agreement will terminate and become null and void on the last day of the county fiscal year for which funds were budgeted and appropriated, except as to those portions of payments agreed upon for which funds are budgeted and appropriated. The Parties agree that such termination of the County’s obligation under this Paragraph will not be construed as a breach of this Agreement or as an event of default under this Agreement, and that such termination of the County’s obligation under this Paragraph will be without penalty and that no right of action for damages or other relief will accrue to the benefit of the MSD, its successors, or its assigns as to this Agreement, or any portion thereof, which may terminate and become null and void.
NON-FUNDING CLAUSE. Each payment obligation of RGCOG created by this Interagency Cooperative Agreement is conditioned upon the availability of state or federal funds appropriated or allocated for the payment of such obligations. RGCOG shall not be otherwise obligated or liable for any future payments due or for any damages as a result of interruption of payment or termination under this Article. If sufficient state or federal funds are not allocated or otherwise available from RGCOG, Contractor shall have no further obligation to perform its duties under this contract. RGCOG will notify the Contractor thirty (30) days in advance if training funds will not be available.
NON-FUNDING CLAUSE. This purchase order is subject to funding availability. In the event sufficient budget funds to fund this purchase order become reduced or unavailable, the County shall notify the vendor of such occurrence, and the County may terminate this purchase order,without penalty or expense to the County, upon no less than twenty-four (24) hours written notice to the vendor. The County shall be the final authority as to the availability of funds and how available funds will be allotted. If this purchase order is funded in whole or in part by federal or state dollars which are reduced or become unavailable, the County shall notify the vendor of such occurrence and the County may terminate this purchase order, without penalty or expense to the County, upon no less than twenty-four (24) hours written notice to the vendor.
NON-FUNDING CLAUSE. Each payment obligation of the City created by this Agreement, or any Exhibit attached hereto is conditioned upon the availability of City funds, which are appropriated or allocated for the payment of such an obligation.
NON-FUNDING CLAUSE. (a) The County has requested or intends to request an appropriation of Funds to be paid to the City for the purposes set forth in this Agreement. If Funds are not appropriated and made available beyond December 31 of the county fiscal year in which this Agreement becomes effective, the County’s obligation to contribute Funds to the City under this Agreement beyond that date will be null and void. This Agreement places no obligation on the County to Contribute Funds to the City in succeeding fiscal years. The County’s obligation to contribute Funds to the City under this Agreement will terminate and become null and void on the last day of the county fiscal year for which funds were budgeted and appropriated, except as to those portions of payments agreed upon for which funds are budgeted and appropriated. The Parties agree that such termination of the County’s obligation under this Paragraph will not be construed as a breach of this Agreement or as an event of default under this Agreement, and that such termination of the County’s obligation under this Paragraph will be without penalty and that no right of action for damages or other relief will accrue to the benefit of the City, its successors, or its assigns as to this Agreement, or any portion thereof, which may terminate and become null and void.
