Common use of Obligations if Funding Not Appropriated Clause in Contracts

Obligations if Funding Not Appropriated. If at any time Defendants believe that they cannot fully implement one or more of the material provisions of this Agreement in light of the Legislature's failure to provide adequate funding for one or more of the Sections enumerated above, Defendants shall promptly notify Plaintiffs in writing, and the parties shall meet and confer to discuss whether the affected terms can nevertheless be implemented with modifications agreed upon by the parties. If an agreement is reached, the parties shall modify this Agreement accordingly in writing. If agreement is not reached, the affected settlement term(s) shall become null and void and Defendants shall have no further obligations to fulfill the affected term(s) except as otherwise stated below. Defendants shall continue to fulfill all of their other obligations under this Agreement that are not impacted by the Legislature’s failure to provide adequate funding. Without limiting the foregoing, in the event the Legislature fails to provide adequate funding in a fiscal year, Defendants shall continue to use best efforts to retain the needed appropriation in all subsequent fiscal years under the Agreement Term. If a previously denied appropriation is later made by the Legislature, the Defendants shall then be obligated to implement the Settlement term in accordance with timeframes in Exhibit 2, measured from the date the appropriation is made.