Common use of Non-Funding Clause in Contracts

Non-Funding. Each Party operates pursuant to a calendar year fiscal year. The Parties acknowledge that the obligation of either Party to perform as provided in this Amended Agreement is conditioned and dependent upon the appropriation of funds required for any payment due hereunder or to finance the provision of any Service as provided in this Amended Agreement. Each Party’s obligation is contingent upon funds being appropriated annually for payments due for the provision of the Services to be provided under this Amended Agreement. If no funds or insufficient funds are appropriated and budgeted in any fiscal year, or if there is a reduction in appropriations due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this Amended Agreement then, unless the Parties mutually agree in writing to reduced Services and/or reduced payments that are in line with available and budgeted funding, this Amended Agreement shall create no obligation on either Party as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become void on the first day of the fiscal year for which funds are not budgeted and appropriated or, in the event of a reduction in appropriation, on the last day before the reduction becomes effective (except as to those reduced Service(s) and/or portions of payments required to perform hereunder as agreed upon by the Parties for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Amended Agreement and said termination shall be without penalty, additional payment, or other charge of any kind whatsoever to the Parties, and no right or action for damages or other relief shall accrue to the benefit of the other Party to this Amended Agreement.

Non-Funding. Each Party operates pursuant to a calendar year fiscal year. The Parties acknowledge that the obligation of either any Party to perform as provided in this Amended Agreement is conditioned and dependent upon the appropriation of funds required for any payment due hereunder or to finance the provision of any Service as provided in this Amended Agreement. Each Party’s obligation is contingent upon funds being appropriated annually for payments due for the provision of the Services to be provided under this Amended Agreement. If no funds or insufficient funds are appropriated and budgeted in any fiscal year, or if there is a reduction in appropriations due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this Amended Agreement then, unless the Parties mutually agree in writing to reduced Services and/or reduced payments that are in line with available and budgeted funding, this Amended Agreement shall create no obligation on either the Parties or any Party as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become void on the first day of the fiscal year for which funds are not budgeted and appropriated or, in the event of a reduction in appropriation, on the last day before the reduction becomes effective (except as to those reduced Service(s) and/or portions of payments required to perform hereunder as agreed upon by the Parties for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Amended Agreement and said termination shall be without penalty, additional payment, or other charge of any kind whatsoever to the Parties, and no right or action for damages or other relief shall accrue to the benefit of the other any Party to this Amended Agreement.

Non-Funding. Each Party operates pursuant to a calendar year fiscal year. The Parties parties acknowledge that the obligation funds are not presently available for performance of either Party to perform as provided in this Amended Agreement is conditioned and dependent upon the appropriation of funds required for any payment due hereunder or to finance the provision of any Service as provided in this Amended Agreementby CWC beyond 30 June 2020. Each PartyCWC’s obligation for performance of this Agreement beyond that date is contingent upon funds being appropriated annually for payments due for the provision of the Services to be provided under this Amended Agreement. If no funds or insufficient funds are appropriated and budgeted in a current or any succeeding fiscal year, or if there is a reduction in appropriations of CWC, due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this Amended Agreement thenAgreement, unless the Parties mutually agree in writing to reduced Services and/or reduced payments that are in line with available and budgeted funding, then this Amended Agreement shall create no obligation on either Party CWC as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds are were not budgeted and appropriated appropriated, or, in the event of a reduction in appropriationappropriations, on the last day before the reduction becomes effective (except as to those reduced Service(s) and/or portions of payments required to perform hereunder as herein then agreed upon by the Parties for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Amended Agreement and said termination shall be without penalty, additional paymentpayments, or other charge charges to CWC of any kind whatsoever to the Partieswhatsoever, and no right or of action for damages or other relief shall accrue to the benefit of the other Party Employee or his successors or assigns as to this Amended Agreement, or any portion thereof, which may so terminate and become null and void. Notwithstanding the foregoing, however, upon any such non-funding, Employee may, at his option, elect to continue his employment hereunder without compensation until such time, if any, as funding becomes available, whereupon Employee’s compensation hereunder shall resume. If Employee elects not to continue his employment hereunder in connection with any such non- funding, then Employee shall be deemed to have been terminated without cause under section 9(b) above, whereupon CWC may pay Severance to Employee.

Non-Funding. Each Party operates pursuant to a calendar year fiscal year. The Parties parties acknowledge that funds are not presently available for performance of this Agreement by Tenant beyond 30 June 2019. Tenant’s obligation for performance of this Agreement beyond that date (or beyond the obligation of either Party to perform as provided in this Amended Agreement is conditioned and dependent upon the appropriation of funds required for any payment due hereunder or to finance the provision end of any Service as provided in of Tenant’s future fiscal years within the term of this Amended Agreement. Each Party’s obligation ) is contingent upon funds being appropriated annually for payments due for the provision of the Services to be provided under this Amended Agreement. If In the event that no funds or insufficient funds are appropriated and budgeted in a current or any succeeding fiscal year, or if in the event there is a reduction in appropriations of Tenant, due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this Amended Agreement thenAgreement, unless the Parties mutually agree in writing to reduced Services and/or reduced payments that are in line with available and budgeted funding, then this Amended Agreement shall create no obligation on either Party Tenant as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds are were not budgeted and appropriated appropriated, or, in the event of a reduction in appropriationappropriations, on the last day before the reduction becomes effective (except as to those reduced Service(s) and/or portions of payments required to perform hereunder as herein then agreed upon by the Parties for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Amended Agreement and said termination shall be without penalty, additional paymentpayments, or other charge charges to Tenant of any kind whatsoever to the Partieswhatsoever, and no right or of action for damages or other relief shall accrue to the benefit of the other Party Landlord or its successors or assigns as to this Amended Agreement., or any portion thereof, which may so terminate and become null and void. THE PARTIES have executed this Lease on the respective dates set forth below, to be effective as of the date first set forth above. LANDLORD: Fielding Group, LLC, a Utah limited liability company By Xxxxx Xxxxxxx, Manager Date TENANT:

Non-Funding. Each Party operates pursuant to a calendar year fiscal year. The Parties parties acknowledge that the obligation funds are not presently available for performance of either Party to perform as provided in this Amended Agreement is conditioned and dependent upon the appropriation of funds required for any payment due hereunder or to finance the provision of any Service as provided in this Amended Agreementby CWC beyond 30 June 2019. Each PartyCWC’s obligation for performance of this Agreement beyond that date is contingent upon funds being appropriated annually for payments due for the provision of the Services to be provided under this Amended Agreement. If no funds or insufficient funds are appropriated and budgeted in a current or any succeeding fiscal year, or if there is a reduction in appropriations of CWC, due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this Amended Agreement thenAgreement, unless the Parties mutually agree in writing to reduced Services and/or reduced payments that are in line with available and budgeted funding, then this Amended Agreement shall create no obligation on either Party CWC as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds are were not budgeted and appropriated appropriated, or, in the event of a reduction in appropriationappropriations, on the last day before the reduction becomes effective (except as to those reduced Service(s) and/or portions of payments required to perform hereunder as herein then agreed upon by the Parties for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Amended Agreement and said termination shall be without penalty, additional paymentpayments, or other charge charges to CWC of any kind whatsoever to the Partieswhatsoever, and no right or of action for damages or other relief shall accrue to the benefit of the other Party Employee or her successors or assigns as to this Amended Agreement, or any portion thereof, which may so terminate and become null and void. Notwithstanding the foregoing, however, upon any such non-funding, Employee may, at her option, elect to continue her employment hereunder without compensation until such time, if any, as funding becomes available, whereupon Employee’s compensation hereunder shall resume. If Employee elects not to continue her employment hereunder in connection with any such non- funding, then Employee shall be deemed to have been terminated without cause under section 9(b) above, whereupon CWC may pay Severance to Employee.

Non-Funding. Each Party operates pursuant to a calendar year fiscal year. The Parties acknowledge that the obligation of either Party to perform as provided in this Amended Agreement is conditioned and dependent upon the appropriation of funds required for any payment due hereunder or to finance the provision of any Service as provided in this Amended Agreement. Funds are not presently available for the performance of this Agreement beyond the end of each Party’s current fiscal year, which is December 31. Each Party’s obligation beyond the end of any calendar year during the term of this Agreement, including any renewal or extension thereof, may be contingent upon renewal or extension of this Agreement as provided above and is contingent upon funds being appropriated annually for payments due for the provision of the Services to be provided under this Amended Agreement. If no funds or insufficient funds are appropriated and budgeted in any fiscal year, or if there is a reduction in appropriations due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this Amended Agreement then, unless the Parties mutually agree in writing to reduced Services and/or reduced payments that are in line with available and budgeted funding, this Amended Agreement shall create no obligation on either Party as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds are not budgeted and appropriated or, in the event of a reduction in appropriation, on the last day before the reduction becomes effective (except as to those reduced Service(s) and/or portions of payments required to perform hereunder as agreed upon by the Parties for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Amended Agreement and said termination shall be without penalty, additional payment, or other charge of any kind whatsoever to the Parties, and no right or action for damages or other relief shall accrue to the benefit of the other Party to this Amended Agreement.

Non-Funding. Each Party operates pursuant to a calendar year fiscal year. The Parties parties acknowledge that the obligation funds are not presently available for performance of either Party to perform as provided in this Amended Agreement is conditioned and dependent upon the appropriation of funds required for any payment due hereunder or to finance the provision of any Service as provided in this Amended Agreementby CWC beyond 30 June 2019. Each PartyCWC’s obligation for performance of this Agreement beyond that date is contingent upon funds being appropriated annually for payments due for the provision of the Services to be provided under this Amended Agreement. If no funds or insufficient funds are appropriated and budgeted in a current or any succeeding fiscal year, or if there is a reduction in appropriations of CWC, due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this Amended Agreement thenAgreement, unless the Parties mutually agree in writing to reduced Services and/or reduced payments that are in line with available and budgeted funding, then this Amended Agreement shall create no obligation on either Party CWC as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds are were not budgeted and appropriated appropriated, or, in the event of a reduction in appropriationappropriations, on the last day before the reduction becomes effective (except as to those reduced Service(s) and/or portions of payments required to perform hereunder as herein then agreed upon by the Parties for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Amended Agreement and said termination shall be without penalty, additional paymentpayments, or other charge charges to CWC of any kind whatsoever to the Partieswhatsoever, and no right or of action for damages or other relief shall accrue to the benefit of the other Party Employee or his successors or assigns as to this Amended Agreement, or any portion thereof, which may so terminate and become null and void. Notwithstanding the foregoing, however, upon any such non-funding, Employee may, at his option, elect to continue his employment hereunder without compensation until such time, if any, as funding becomes available, whereupon Employee’s compensation hereunder shall resume. If Employee elects not to continue his employment hereunder in connection with any such non- funding, then Employee shall be deemed to have been terminated without cause under section 9(b) above, whereupon CWC may pay Severance to Employee.