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Common use of State Funding Clause in Contracts

State Funding. (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6, of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate this Contract. 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. (b) Any breach-of-contract claim by Developer for damages under this Contract, except for damages that are a result of the gross negligence or willful misconduct of the GLO, may not exceed the amount of funds due and owing Developer or the amount appropriated for payment but not yet paid to Developer under the annual budget in effect at the time of the breach. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. (c) Developer has freely and without reservation agreed to the terms of this Contract. Developer understands that receipt of funding from the GLO, in the form of CDBG-DR funds, is an essential part of the consideration of this Contract. Developer agrees to comply with all obligations in any document governing the acceptance and usage of grant funds awarded to Developer under this Contract.

Appears in 23 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

State Funding. (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6, of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate this Contract. 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. (b) Any breach-of-contract claim by Developer Xxxxxxxxx for damages under this Contract, except for damages that are a result of the gross negligence or willful misconduct of the GLO, may not exceed the amount of funds due and owing Developer or the amount appropriated for payment but not yet paid to Developer under the annual budget in effect at the time of the breach. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE Nothing in this Contract shall be construed as a waiver of sovereign immunity by the GLO. (c) Developer has freely and without reservation agreed to the terms of this Contract. Developer understands that receipt of funding from the GLO, in the form of CDBG-DR funds, is an essential part of the consideration of this Contract. Developer Xxxxxxxxx agrees to comply with all obligations in any document governing the acceptance and usage of grant funds awarded to Developer under this Contract.

Appears in 2 contracts

Samples: Grant Agreement, Grant Agreement