Common use of Nonappropriation of Funds Clause in Contracts

Nonappropriation of Funds. In the event no Agency funds or insufficient Agency funds are appropriated and budgeted in any County Fiscal Year for payments due under this Contract, then Agency will immediately notify ESCO or its assignee of such occurrence and this Contract shall terminate on the last day of County's Fiscal Year for which appropriations were received without penalty or expense to Agency of any kind whatsoever. In the event of such termination, Agency agrees to peaceably surrender possession of all the Equipment in good operating condition, subject to normal wear and tear to ESCO or its assignee on the date of such termination. ESCO or its assignee will have all legal and equitable rights and remedies to take possession of the Equipment. Upon such termination, title to the Equipment will revert to ESCO or its assignee. If, on the thirtieth (30th) day after the commencement of any Fiscal Year, sufficient funds have not been appropriated for the purpose of making all of the payments scheduled to be paid in such Fiscal Year, Agency shall cause to be delivered written notice thereof (a "notice of non-appropriation") to ESCO within ten (10) calendar days after such thirtieth (30th) day. Upon ESCO's receipt of a notice of non-appropriation, this Contract shall terminate, as of the end of the Fiscal Year just ended; provided, however, such termination shall not become effective as of the end of such Fiscal Year just ended if, within ten (10) calendar days of the thirtieth (30) day after the end of such Fiscal Year just completed, Agency shall cause to be delivered to ESCO a written statement to the effect that it reasonably expects sufficient funds for the then-current Fiscal Year to be appropriated therefore, and in such event the term shall continue into the then-current Fiscal year so long, but only so long, as an appropriation becomes available from which to make the payments.

Nonappropriation of Funds. In The payment obligations of Purchaser under this Agreement shall constitute a current expense of Purchaser. Any non-substitution, notification, time limitation, or other provision in this Agreement restricting or limiting Purchaser’s right to terminate the event no Agency Agreement upon a Nonappropriation Event (defined below) shall be enforceable only to the extent that such restriction or limitation is permitted by applicable law and would not cause Purchaser’s obligation to make payments under the Agreement to be deemed or construed as a debt of Purchaser in contravention of any constitutional, statutory or other legal requirement governing the creation of indebtedness by Purchaser. Nothing in this Agreement shall be deemed a pledge of general tax revenues, funds or insufficient Agency funds are appropriated and budgeted monies of Purchaser. Notwithstanding anything contained in any County Fiscal Year for payments due under this ContractAgreement to the contrary, then Agency will immediately notify ESCO or its assignee of such occurrence and if a Nonappropriation Event occurs, this Contract Agreement shall automatically terminate on the last day of County's Fiscal Year the fiscal period for which appropriations were received received, without penalty or expense to Agency Purchaser of any kind whatsoever, except as to the payments or portions thereof for which funds have been appropriated and budgeted. In Seller may, immediately upon becoming aware of a Nonappropriation Event or upon Purchaser’s failure to make a payment under this Agreement as a result of a Nonappropriation Event, re-subscribe, sell, transfer, assign and convey to any third party the event electrical energy comprising the Purchaser’s Percentage and any and all Net Energy Billing Credits and Environmental Attributes associated therewith without penalty or expense to Seller so long as any such re-subscription, sale, transfer, assignment, or conveyance has an effective date as of such terminationthe automatic termination date, Agency and Purchaser hereby agrees to peaceably surrender possession reasonably cooperate with Seller to effectuate and evidence the termination of all this Agreement, the Equipment in good operating conditioninterconnection agreement with the Utility, subject and any other contract or agreement contemplated herein. All obligations of Purchaser and Seller accruing prior to normal wear and tear to ESCO or its assignee on the such automatic termination date of will survive any such termination. ESCO or its assignee will have all legal and equitable rights and remedies to take possession “Nonappropriation Event” means the failure of the Equipment. Upon legislative body (as such terminationterm is used in 20-A M.R.S. §§ 2307 and 1481-A, title to the Equipment will revert to ESCO or its assignee. Ifet seq., on the thirtieth (30thas well as any successor provision) day after the commencement of any Fiscal Year, sufficient funds have not been appropriated for the purpose of making all of the payments scheduled Purchaser to be paid in such Fiscal Year, Agency shall cause to be delivered written notice thereof (a "notice of non-appropriation") to ESCO within ten (10) calendar days after such thirtieth (30th) day. Upon ESCO's receipt of a notice of non-appropriation, this Contract shall terminate, as of the end of the Fiscal Year just ended; provided, however, such termination shall not become effective as of the end of such Fiscal Year just ended if, within ten (10) calendar days of the thirtieth (30) day after the end of such Fiscal Year just completed, Agency shall cause to be delivered to ESCO a written statement to the effect that it reasonably expects sufficient appropriate funds for the then-current Fiscal Year to be appropriated therefore, and in such event the term shall continue into the then-current Fiscal year so long, but only so long, as an appropriation becomes available from which to make the paymentspayment Purchaser’s obligations under this Agreement.

Nonappropriation of Funds. In the event no Agency funds or insufficient Agency funds are appropriated and budgeted budgeted, or funds are otherwise not available out of current revenues of Lessee, in any County Fiscal Year fiscal period for payments Lease Payments due under this ContractLease, then Agency Lessee will immediately notify ESCO Lessor or its assignee of such occurrence and this Contract Lease shall terminate on the last day of County's Fiscal Year the fiscal period for which appropriations were received without penalty or expense to Agency Lessee of any kind whatsoever, except as to the portions of Lease Payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. In the event of such termination, Agency Lessee agrees to peaceably and immediately surrender possession of all the Equipment in good operating condition, subject to normal wear and tear to ESCO Lessor or its assignee on the date of such termination. ESCO , packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to any location in the continental United States designated by Lessor and to execute any and all documents necessary or convenient to memorialize the relinquishment of all of Lessee’s rights, title and or interest in such Equipment to Lessor or its assignee successors and assigns. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Upon such terminationNotwithstanding the foregoing, title Lessee agrees that it will not cancel this Lease under the provisions of this Section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment performing functions similar to the Equipment will revert to ESCO or its assignee. If, on the thirtieth (30th) day after the commencement of any Fiscal Year, sufficient funds have not been appropriated for the purpose of making all of fiscal period in which such termination occurs or the payments scheduled next succeeding fiscal period thereafter. Notwithstanding any provision to the contrary contained in this Lease, it is expressly understood and agreed that Lease Payments to be paid made in each fiscal year shall be payable only out of current revenues of Lessee for that fiscal year lawfully budgeted and appropriated during such Fiscal Year, Agency shall cause to be delivered written notice thereof (a "notice of non-appropriation") to ESCO within ten (10) calendar days after such thirtieth (30th) day. Upon ESCO's receipt of a notice of non-appropriation, this Contract shall terminate, as of the end of the Fiscal Year just ended; provided, however, such termination shall not become effective as of the end of such Fiscal Year just ended if, within ten (10) calendar days of the thirtieth (30) day after the end of such Fiscal Year just completed, Agency shall cause to be delivered to ESCO a written statement to the effect that it reasonably expects sufficient funds for the then-current Fiscal Year to be appropriated therefore, and in such event the term shall continue into the then-current Fiscal year so long, but only so long, as an appropriation becomes available from which to make the paymentsyear.

Nonappropriation of Funds. In The payment obligations of Buyer under the event no Agency Agreement shall constitute a current expense of Buyer. Any non-substitution, notification, time limitation, or other provision in the Agreement restricting or limiting Buyer’s right to terminate the Agreement upon a Nonappropriation Event (defined bellow) shall be enforceable only to the extent that such restriction or limitation is permitted by applicable law and would not cause Buyer’s obligation to make payments under the Agreement to be deemed or construed as a debt of Buyer in contravention of any constitutional, statutory or other legal requirement governing the creation of indebtedness by Buyer. Nothing in this Agreement shall be deemed a pledge of general tax revenues, funds or insufficient Agency funds are appropriated and budgeted monies of Buyer. Notwithstanding anything contained in any County Fiscal Year for payments due under this Contractthe Agreement to the contrary, then Agency will immediately notify ESCO or its assignee of such occurrence and this Contract if a Nonappropriation Event occurs, the Agreement shall automatically terminate on the last day of County's Fiscal Year the fiscal period for which appropriations were received received, without penalty or expense to Agency Buyer of any kind whatsoever, except as to the payments or portions thereof for which funds have been appropriated and budgeted. In Seller may, immediately upon becoming aware of a Nonappropriation Event or upon Buyer’s failure to make a payment under the event Agreement as a result of a Nonappropriation Event, re-subscribe, sell, transfer, assign and convey to any third party the Net Energy Billing Credits comprising the Buyer’s Percentage and any and all Environmental Attributes associated therewith without penalty or expense to Seller so long as any such terminationre-subscription, Agency sale, transfer, assignment, or conveyance has an effective date as of the automatic termination date, and Buyer hereby agrees to peaceably surrender possession reasonably cooperate with Seller to effectuate and evidence the termination of all the Equipment in good operating condition, subject Agreement and any other contract or agreement contemplated therein. All obligations of Buyer and Seller accruing prior to normal wear and tear to ESCO or its assignee on the such automatic termination date of will survive any such termination. ESCO or its assignee will have all legal and equitable rights and remedies to take possession “Nonappropriation Event” means the failure of the Equipment. Upon “legislative body” (as such terminationterm is used in 20-A M.R.S.A. §§ 1481-A, title to the Equipment will revert to ESCO or its assignee. Ifet seq., on the thirtieth (30thas well as any successor provision) day after the commencement of any Fiscal Year, sufficient funds have not been appropriated for the purpose of making all of the payments scheduled Buyer to be paid in such Fiscal Year, Agency shall cause to be delivered written notice thereof (a "notice of non-appropriation") to ESCO within ten (10) calendar days after such thirtieth (30th) day. Upon ESCO's receipt of a notice of non-appropriation, this Contract shall terminate, as of the end of the Fiscal Year just ended; provided, however, such termination shall not become effective as of the end of such Fiscal Year just ended if, within ten (10) calendar days of the thirtieth (30) day after the end of such Fiscal Year just completed, Agency shall cause to be delivered to ESCO a written statement to the effect that it reasonably expects sufficient appropriate funds for the then-current Fiscal Year to be appropriated therefore, and in such event payment Buyer’s obligations under the term shall continue into the then-current Fiscal year so long, but only so long, as an appropriation becomes available from which to make the paymentsAgreement.