Common use of Nonappropriation of Funds Clause in Contracts

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.