State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. Furthermore, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, but not yet paid to A/E, for the fiscal year Budget in existence at the time of the breach.
Appears in 5 contracts
Samples: Professional Services, Professional Architectural/Engineering Services Agreement, Professional Services Agreement
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of the TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. FurthermoreFurther, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, Agreement but not yet paid to A/E, for the fiscal year Budget budget in existence at the time of the breach.
Appears in 5 contracts
Samples: Architect/Engineer Agreement for Professional Services, Architect/Engineer Agreement for Professional Services, Architect/Engineer Agreement for Professional Services
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. Furthermore, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, but not yet paid to A/EPE, for the fiscal year Budget in existence at the time of the breach.
Appears in 2 contracts
Samples: Professional Services Agreement, Professional Services Agreement
State Funding. This Agreement Contract shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. Furthermore, any damages due under this Agreement Contract should not exceed the amount of funds appropriated for payment under this AgreementContract, but not yet paid to A/EContractor, for the fiscal year Budget in existence at the time of the breach.
Appears in 2 contracts
Samples: Construction Services Contract, Construction Services Contract
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEXthe Tex. CONSTConst. art. III, § 49. In compliance with TEXTex. CONSTConst. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. FurthermoreFurther, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, Agreement but not yet paid to A/EPSP, for the fiscal year Budget budget in existence at the time of the breach.
Appears in 2 contracts
Samples: Professional Services, Professional External Construction Audit Services Agreement
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. Furthermore, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, but not yet paid to A/ESSE, for the fiscal year Budget in existence at the time of the breach.
Appears in 2 contracts
Samples: Professional Services, Professional Services
State Funding. 8.1.1 This Agreement Contract shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEXTex. CONSTConst. art. III, § 49. In compliance with TEXTex. CONSTConst. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. .
8.1.2 Furthermore, any damages due under this Agreement Contract should not exceed the amount of funds appropriated for payment under this AgreementContract, but not yet paid to A/EContractor, for the fiscal year Budget budget in existence at the time of the breach; provided, however, the foregoing shall not be construed as a waiver of sovereign immunity.
Appears in 1 contract
Samples: It Services Contract
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEXTex. CONSTConst. art. III, § 49. In compliance with TEXTex. CONSTConst. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. Furthermore, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, but not yet paid to A/E, for the fiscal year Budget in existence at the time of the breach.
Appears in 1 contract
Samples: Professional Architectural/Engineering Services Agreement
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of the TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. FurthermoreFurther, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, Agreement but not yet paid to A/EPSP, for the fiscal year Budget budget in existence at the time of the breach.
Appears in 1 contract
Samples: Professional Services
State Funding. This Agreement Contract shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. Furthermore, any damages due under this Agreement Contract should not exceed the amount of funds appropriated for payment under this AgreementContract, but not yet paid to A/ETSP, for the fiscal year Budget in existence at the time of the breach.
Appears in 1 contract
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of the TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. FurthermoreFurther, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, Agreement but not yet paid to A/ECxA, for the fiscal year Budget budget in existence at the time of the breach.
Appears in 1 contract
Samples: Architect/Engineer Agreement
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEXthe Tex. CONSTConst. art. III, § 49. In compliance with TEXTex. CONSTConst. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. FurthermoreFurther, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, Agreement but not yet paid to A/EPMF, for the fiscal year Budget budget in existence at the time of the breach.
Appears in 1 contract
Samples: Program Management Firm Agreement
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEXthe Tex. CONSTConst. art. III, § 49. In compliance with TEXTex. CONSTConst. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. FurthermoreFurther, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, Agreement but not yet paid to A/EPCP, for the fiscal year Budget budget in existence at the time of the breach.
Appears in 1 contract
State Funding. This Agreement Contract shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEXTex. CONSTConst. art. III, § 49. In compliance with TEXTex. CONSTConst. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. Furthermore, any damages due under this Agreement Contract should not exceed the amount of funds appropriated for payment under this AgreementContract, but not yet paid to A/EESCO, for the fiscal year Budget in existence at the time of the breach.
Appears in 1 contract
Samples: Energy Performance Contract
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. Furthermore, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, but not yet paid to A/ER-CA, for the fiscal year Budget in existence at the time of the breach.
Appears in 1 contract
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. Furthermore, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, but not yet paid to A/ECxA, for the fiscal year Budget in existence at the time of the breach.
Appears in 1 contract
Samples: Professional Services
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. Furthermore, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, but not yet paid to A/ETAB, for the fiscal year Budget in existence at the time of the breach.
Appears in 1 contract
Samples: Professional Services
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEXthe Tex. CONSTConst. art. III, § 49. In compliance with TEX. CONSTTex.Const. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state State funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. FurthermoreFurther, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, Agreement but not yet paid to A/EPM, for the fiscal year Budget budget in existence at the time of the breach.
Appears in 1 contract
Samples: Program Management Agreement
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEXthe Tex. CONSTConst. art. III, § 49. In compliance with TEXTex. CONSTConst. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state State funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. FurthermoreFurther, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, Agreement but not yet paid to A/EPMF, for the fiscal year Budget budget in existence at the time of the breach.
Appears in 1 contract
Samples: Program Management Agreement
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. Furthermore, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, but not yet paid to A/EPSP, for the fiscal year Budget budget in existence at the time of the breach; provided, however, the foregoing shall not be construed as a waiver of sovereign immunity.
Appears in 1 contract
Samples: Professional Services
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of TEXthe Tex. CONSTConst. art. III, § 49. In compliance with TEXTex. CONSTConst. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. FurthermoreFurther, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, Agreement but not yet paid to A/EPMP, for the fiscal year Budget budget in existence at the time of the breach.. COPYRIGHTS/TRADEMARKS/INSTRUMENTS OF SERVICE
Appears in 1 contract
State Funding. This Agreement shall not be construed as creating any debt on behalf of the State of Texas and/or TFC in violation of the TEX. CONST. art. III, § 49. In compliance with TEX. CONST. art. VIII, § 6, it is understood that all obligations of TFC hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Agreement may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests accrued up to the date of termination. FurthermoreFurther, any damages due under this Agreement should not exceed the amount of funds appropriated for payment under this Agreement, Agreement but not yet paid to A/EPMP, for the fiscal year Budget budget in existence at the time of the breach.
Appears in 1 contract