Nonappropriation of Funds. Seattle may terminate this Contract at any time without notice due to nonappropriation of funds, whether such funds are local, state or federal grants, and no such notice shall be required notwithstanding any notice requirements that may be agreed upon for other causes of termination.
Nonappropriation of Funds. During the term of this Contract, if the State or any federal government terminates or reduces it’s funding to County for services that are to be provided under this Contract, then County may elect to terminate this Contract by giving written notice of termination to Contractor effectively immediately or on such other date as County specifies in the notice. In the event that the term of this Contract extends into fiscal year subsequent to that in which it was approved by the County, continuation of the Contract is contingent on the appropriation of funds by the San Xxxx Obispo County Board of Supervisors or, if applicable, provision of State or Federal funding source. If County notifies Contractor in writing that the funds for this Contract have not been appropriated or provided, this Contract will terminate. In such an event, the County shall have no further liability to pay any funds to the Contractor or to furnish any other consideration under this Contract, and the Contractor shall not be obligated to perform any provisions of this Contract or to provide services intended to be funded pursuant to this Contract. If partial funds are appropriated or provided, the County shall have the option to either terminate this Contract with no liability to the County or offer a Contract amendment to the Contractor to reflect the reduced amount.
Nonappropriation of Funds. The Contractor acknowledges SUU cannot contract for the payment of funds not yet appropriated by the Utah State Legislature. If funding to SUU is reduced due to an order by the Legislature, Governor, Board of Regents, or is required by State law, or if federal funding (when applicable) is not provided, SUU may terminate this contract or proportionately reduce the services and purchase obligations and the amount due from SUU upon 30 days written notice. In the case that funds are not appropriated or are reduced, SUU will reimburse Contractor for products delivered or services performed through the date of cancellation or reduction, and SUU will not be liable for any future commitments, penalties, or liquidated damages.
Nonappropriation of Funds. Upon thirty (30) days written notice delivered to the Contractor, this contract may be terminated in whole or in part at the sole discretion of SLCC, if SLCC reasonably determines that: (i) a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of this contract; or (ii) a change in available funds affects SLCC’s ability to pay under this contract. A change of available funds as used in this paragraph includes but is not limited to a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. If a written notice is delivered under this section, SLCC will reimburse Contractor for the goods properly ordered and/or services properly performed until the effective date of said notice. SLCC will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said written notice.
Nonappropriation of Funds. (a) In the event no funds or insufficient funds are appropriated and budgeted for any [Commonwealth/Owner] fiscal period for payments due under this Agreement, then, as more fully set out in clause (b) of this Section, Owner will notify Issuer and Trustee or their assignees of such occurrence and this Agreement shall terminate as of the last day of [Commonwealth’s/Owner’s] fiscal period for which appropriations were received without penalty or expense to the [Commonwealth or the Owner/Owner] of any kind whatsoever. In the event of such termination, Owner agrees to peaceably surrender possession of the Project in good operating condition, subject to normal wear and tear, to the Issuer or its assignee on the date of such termination. Issuer or its assignee will have all legal and equitable rights and remedies to take possession of the Project
(b) If, on the thirtieth (30th) day after the commencement of any fiscal period of the [Commonwealth/Owner], sufficient funds have not been appropriated for the purpose of making all of the Lease Payments scheduled to be paid in such fiscal period, Owner shall cause to be delivered written notice thereof (a “notice of nonappropriation”) to the Issuer and the Trustee or their assignees within ten (10) calendar days after such thirtieth (30th) day. Upon Issuer’s receipt of a notice of nonappropriation, this Agreement shall terminate as of the end of the [Commonwealth’s/Owner’s] fiscal period just ended with the effect set forth in clause (a) of this Section; provided, however, such termination shall not become effective as of the end of such [Commonwealth/Owner] fiscal period just ended if, within ten (10) calendar days of the thirtieth (30th) day after the end of such fiscal period just completed, Owner shall cause to be
1 In Sections 2.4 and 2.7 bracketed references should be to the Commonwealth for state agencies and to Owner for governmental units that do not receive state appropriations. Governmental units that receive state appropriations and also have independent revenue sources should consult with the PennSEF Program as to the appropriate approach to completing these Sections. delivered to the Issuer and the Trustee or their assignees a written statement to the effect that it reasonably expects sufficient funds for the then-current [Commonwealth/Owner] fiscal period to be appropriated for this Agreement, and in such event the term shall continue into the then- current [Commonwealth/Owner] fiscal period so long, bu...
Nonappropriation of Funds. In the event sufficient funds are not appropriated and budgeted by your governing body or are not otherwise available in any fiscal period for Lease Payments (or any other amount due hereunder) under a Schedule, and provided that you have exhausted all funds legally available for payment of the Lease Payments, then you shall immediately notify us of such occurrence and provide us with evidence of such non-appropriation acceptable to us (e.g., written certification by your legal counsel) and the Schedule shall terminate on the last day of the fiscal period for which funds for Lease Payments are available without penalty or expense to you of any kind whatsoever, except as to the portions of Lease Payments and those expenses associated with your surrender of the Equipment pursuant to Section 3 for which funds shall have been appropriated and budgeted or are otherwise available. Upon such termination, title to the Equipment shall vest with us. This Section 16 will not be construed so as to permit you to terminate any Schedule in order to acquire any other equipment or services or to allocate funds directly or indirectly to perform essentially the same application for which the Equipment is intended.
Nonappropriation of Funds. The provision of this contract placing an obligation upon the State to compensate the Sheriff for services is contingent upon, and limited to the extent that, funds are appropriated and available for this purpose by the Legislature. The State will actively seek adequate funding from the Legislature to fulfill the obligations of this contract. In the event that funds are not appropriated or otherwise available to honor the terms of this contract, the State may renegotiate the agreement or may terminate the agreement without penalty upon 30 days written notice to the Sheriff.
Nonappropriation of Funds. The City may terminate this Contract at any time without notice due to nonappropriation of funds, whether such funds are local, state or federal grants, and no such notice shall be required notwithstanding any notice requirements that may be agreed upon for other causes of termination.
Nonappropriation of Funds. This contract shall be terminated without penalty upon the failure of the legislature or Common Council to appropriate funds necessary to carry out its terms.
Nonappropriation of Funds. The Contractor acknowledges that the Purchasing Entity cannot contract for the payment of funds not yet appropriated. If funding is reduced due to an order by the Legislature or the Governor, or is required by State law, or if federal funding (when applicable) is not provided, the Purchasing Entity may terminate this contract or proportionately reduce the services and purchase obligations from the State upon thirty (30) days written notice. In the case that funds are not appropriated or are reduced, the Purchasing Entity will reimburse Contractor for products delivered or services performed through the date of cancellation or reduction, and the Purchasing Entity will not be liable for any future commitments, penalties, or liquidated damages.
