Common use of Payment Limitations Clause in Contracts

Payment Limitations. 7.8.1 It is expressly understood and agreed that the obligation of the Department of Finance and Administration, through the Bureau of Building, Grounds and Real Property Management, to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt of state and/or federal funds. If the funds anticipated for the continuing fulfillment of the Agreement are, at any time, not forthcoming or insufficient, either through the failure of the federal government to provide funds or of the State of Mississippi to appropriate funds or the discontinuance or material alteration of the program under which funds were provided or if funds are not otherwise available to the Department of Finance and Administration, through the Bureau of Building, Grounds and Real Property Management, the Department of Finance and Administration, through the Bureau of Building, Grounds and Real Property Management shall have the right upon ten (10) working days written notice to the Professional, to terminate this agreement without damage, penalty, cost or expenses to the Department of Finance and Administration, through the Bureau of Building, Grounds and Real Property Management, of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

Appears in 2 contracts

Samples: Standard Form of Agreement Between the Owner and the Commissioning Authority Professional, Standard Form of Agreement Between the Owner and the Commissioning Authority Professional

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Payment Limitations. 7.8.1 It is expressly understood and agreed that the obligation of the Department of Finance and Administration, through the Bureau of Building, Grounds and Real Property Management, to proceed under this agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt of state and/or federal funds. If the funds anticipated for the continuing fulfillment of the Agreement are, at any time, not forthcoming or insufficient, either through the failure of the federal government to provide funds or of the State of Mississippi to appropriate funds or the discontinuance or material alteration of the program under which funds were provided or if funds are not otherwise available to the Department of Finance and Administration, through the Bureau of Building, Grounds and Real Property Management, the Department of Finance and Administration, through the Bureau of Building, Grounds and Real Property Management shall have the right upon ten (10) working days written notice to the Commissioning Authority Professional, to terminate this agreement without damage, penalty, cost or expenses to the Department of Finance and Administration, through the Bureau of Building, Grounds and Real Property Management, of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination.

Appears in 2 contracts

Samples: Commissioning Agreement, Commissioning Authority Agreement

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