Termination by County – Lack of Funding. The County may immediately terminate this Contract for lack of funding. A lack of funding occurs when funds appropriated for this Contract as of the Effective Date from a nonCounty source are unavailable or are not appropriated by the County Board. The County has sole discretion to determine if there is a lack of funding. The County is not obligated to pay for any Services that are performed after providing Notice of Termination for lack of funding. The County is not subject to any penalty or damages for termination due to lack of funding. No Notice of Default is required to terminate under this section.
Termination by County – Lack of Funding. Notwithstanding any provision of this Contract to the contrary, the County may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Contract. Written notice of termination sent by the County to Contractor by facsimile is sufficient notice under the terms of this Contract. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Contract is terminated due to lack of funding.
Termination by County – Lack of Funding. The County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, its available revenues from taxes and fees, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. However, OET will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The County will not be assessed any penalty or damages if this Agreement is terminated due to lack of funding. The County must provide OET notice of the lack of funding within a reasonable time of the County’s receiving that notice. Written notice of termination sent by the County to OET by facsimile is sufficient notice under the terms of this Agreement.
