SUBJECT TO FUNDING. If the term of this AGREEMENT is more than one year, the funding in any year after the first year may be contingent upon past and pending performance as well as future appropriation by the City Council of the City of San Xxxx, in its sole discretion. If the funding required to pay for Grant Services for the next fiscal year has not been appropriated by June 30 of any year, this AGREEMENT will automatically terminate, effective June 30.
SUBJECT TO FUNDING. If funding for this Agreement is derived from any State or federal grant or funds, or property tax revenues, the DISTRICT reserves the right to reduce the level of funding hereunder to match reduced levels of state, federal or property funding to DISTRICT, or at the DISTRICT’s option, DISTRICT may terminate this Agreement, should the funding source no longer be available or the amount be reduced.
SUBJECT TO FUNDING. This Agreement is subject to the appropriation and availability of funds. In the event that the funds are not appropriated or are otherwise unavailable, SCS reserves the right to terminate this Agreement upon written notice to the Contractor. Said termination shall not be deemed a breach of this Agreement by SCS. Upon receipt of written notice, the Contractor shall cease all work associated with this Agreement. In the event of termination, the Contractor shall be entitled to compensation for all satisfactory and authorized Services completed as of the termination date. Upon such termination, the Contractor shall have no right to recover from SCS any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount.
SUBJECT TO FUNDING. This Agreement and any Purchase Order issued under it is subject to the appropriation and availability of funds. In the event that the funds are not appropriated or are otherwise unavailable, SCS reserves the right to terminate this Agreement or any or all Services authorized in a Purchase Order upon written notice to Provider. Said termination shall not be deemed a breach of this Agreement or any Purchase Order issued hereunder. Upon receipt of written notice, Provider shall cease Services covered by such notice, but shall be entitled to compensation for all satisfactory and authorized Services completed as of the termination date. Except as provided for hereunder, Provider shall have no
SUBJECT TO FUNDING. To the extent that the University is: (1) obligated to perform under this Agreement, (2) obligated to make any payments under this Agreement, or (3) deemed liable under this Agreement, the University’s ability to satisfy such obligations or liabilities, particularly any obligations requiring the payment of any amount of monies, is limited to that which is permitted by law and is subject to the condition that funds are properly appropriated, allotted, or otherwise properly made available for the purpose of satisfying such obligations or liabilities. Notwithstanding anything to the contrary contained in this Agreement, this provision shall apply to and qualify each and every obligation of the University to perform under this Agreement, including, without limitation, any obligation of the University to pay or reimburse the Affiliate for any work performed by the Affiliate due to the University’s failure or refusal to perform under this Agreement. University limitations qualify all obligations. The University and the Affiliate acknowledge and agree that sections E.2.a (University responsibility), E.2.b (University cannot indemnify or be responsible for others), and E.2.c (Subject to funding) are hereafter collectively the “University Limitations.” Notwithstanding and superseding anything to the contrary contained in this Agreement (and any exhibits attached to this Agreement), any and all obligations, duties, responsibilities, and liabilities of the University under this Agreement (including, without limitation, the University’s obligations to comply with any of the policies, practices, procedures, rules, regulations, and guidelines adopted or implemented by the Affiliate) are expressly subject to and limited by the University Limitations set forth and defined in this section E.2.d (University limitations qualify all obligations) of this Agreement.
SUBJECT TO FUNDING. To the extent that the University is: (1) obligated to perform under this Agreement, (2) obligated to make any payments under this Agreement, or (3) deemed liable under this Agreement, the University’s ability to satisfy such obligations or liabilities, particularly any obligations requiring the payment of any amount of monies, is limited to that which is permitted by law and is subject to the condition that funds are properly appropriated, allotted, or otherwise properly made available for the purpose of satisfying such obligations or liabilities. At a minimum, the following conditions must be satisfied in order for funding to be made properly available:
(a) the Hawai‘i State Legislature shall have appropriated sufficient funding to satisfy such obligations or liabilities; (b) the Governor of the State of Hawai‘i shall have authorized the use of such funds for satisfying such obligations or liabilities; and (c) the satisfaction of conditions, if any, imposed by the Hawai‘i State Legislature and/or the Governor on the use of such funds. The University shall use reasonable good faith efforts to have funds properly appropriated, allotted, or made available for such purposes (including, without limitation, obtaining legislative and Governor’s authorizations for use of such funds) and to satisfy such conditions in a timely manner.
SUBJECT TO FUNDING. To the extent that the University is: (1) obligated to perform under this Agreement, (2) obligated to make any payments under this Agreement, or (3) deemed liable under this Agreement, the University’s ability to satisfy such obligations or liabilities, particularly any obligations requiring the payment of any amount of monies, is limited to that which is permitted by law and is subject to the condition that funds are properly appropriated, allotted, or otherwise properly made available for the purpose of satisfying such obligations or liabilities. Notwithstanding anything to the contrary contained in this Agreement, this provision shall apply to and qualify each and every obligation of the University to perform under this Agreement, including, without limitation, any obligation of the University to pay or reimburse the Agency for any work performed by the Agency due to the University’s failure or refusal to perform under this Agreement.
SUBJECT TO FUNDING. Each party’s performance and obligations for subsequent fiscal years are contingent upon annual appropriations for its purpose.
SUBJECT TO FUNDING. Any and all payments to NIST under this MOU are expressly conditioned on the appropriation and availability of funds.
SUBJECT TO FUNDING. If the Owner determines, in its sole discretion, that sufficient funds are not available, then the Owner shall have the right to immediately terminate this Contract for its convenience at any time during Preconstruction Services. In the event it does so, it will compensate the Contractor for the value of the Preconstruction Services it has performed, if any. However, the Contractor shall not be entitled to any compensation for damages, lost profits, or payment of any other kind.
