Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement to the contrary, the Office shall, upon written notice, have the right to terminate this Agreement without penalty or legal liability and without any advance notice as a result of any of the following: 5.3.1. The legislature, governor, or other applicable governing body fail in the sole opinion of the Office to appropriate funds sufficient to allow the Office to either meet its obligations under this Agreement or to operate as required and to fulfill its obligations under this Agreement; 5.3.2. If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Office to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Office in its sole discretion; 5.3.3. If the Office’s authorization to conduct its business or engage in activities or operations related to the subject matter of this Agreement is withdrawn or materially altered or modified; 5.3.4. If the Office’s duties, programs, or responsibilities are modified or materially altered; or 5.3.5. If there is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation, or order is enacted, promulgated, or issued that materially or adversely affects the Office’s ability to fulfill any of its obligations under this Agreement.
Appears in 3 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement to the contrary, the Office either party shall, upon written notice, have the right to terminate this Agreement Agreement, in whole or in part, without penalty or legal liability and without any advance notice as a result of any of the following:
5.3.1. 5.2.3.1 The legislature, governor, or other applicable governing body fail fail, in the sole opinion of the Office terminating party, to appropriate funds sufficient to allow the Office terminating party to either meet its obligations under this Agreement or to operate as required and to fulfill its obligations under this Agreement;
5.3.2. 5.2.3.2 If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Office either party to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Office terminating party in its sole discretion;
5.3.3. 5.2.3.3 If the Officeterminating party’s authorization to conduct its business or engage in activities or operations related to the subject matter of this Agreement is withdrawn or materially altered or modified;
5.3.4. 5.2.3.4 If the Officeterminating party’s duties, programs, or responsibilities are modified or materially altered; or
5.3.5. 5.2.3.5 If there is a decision of any court, administrative law judge judge, or an arbitration panel or any law, rule, regulation, or order is enacted, promulgated, or issued that materially or adversely affects the Officeterminating party’s ability to fulfill any of its obligations under this Agreement.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement to the contrary, and subject to the Office shalllimitations set forth below, upon written notice, the Department shall have the right to terminate this Agreement without penalty or legal liability and without any advance notice as a result of any of the following:any
5.3.1. 10.3.1 The legislature, governor, legislature or other applicable governing body governor fail in the sole opinion of the Office Department to appropriate funds sufficient to allow the Office Department to either meet its obligations under this Agreement or to operate as required and to fulfill its obligations under this Agreement;; or
5.3.2. 10.3.2 If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Office Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Office Department in its sole discretion;; or
5.3.3. 10.3.3 If the OfficeDepartment’s authorization to conduct its business or engage in activities or operations related to the subject matter of this Agreement is withdrawn or materially altered or modified;; or
5.3.4. 10.3.4 If the OfficeDepartment’s duties, programs, programs or responsibilities are modified or materially altered; or
5.3.5. 10.3.5 If there is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation, regulation or order is enacted, promulgated, promulgated or issued that materially or adversely affects the OfficeDepartment’s ability to fulfill any of its obligations under this AgreementAgreement or the operation of the [System].
Appears in 1 contract
Samples: Services Agreement
Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement to the contrary, and subject to the Office shalllimitations set forth below, upon written notice, the Agency shall have the right to terminate this Agreement without penalty or legal liability and without any advance notice as a result of any of the following:
5.3.1. 10.3.1 The legislature, governor, legislature or other applicable governing body governor fail in the sole opinion of the Office Agency to appropriate funds sufficient to allow the Office Agency to either meet its obligations under this Agreement or to operate as required and to fulfill its obligations under this Agreement;; or
5.3.2. 10.3.2 If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Office Agency to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Office Agency in its sole discretion;; or
5.3.3. 10.3.3 If the OfficeAgency’s authorization to conduct its business or engage in activities or operations related to the subject matter of this Agreement is withdrawn or materially altered or modified;; or
5.3.4. 10.3.4 If the OfficeAgency’s duties, programs, programs or responsibilities are modified or materially altered; or
5.3.5. 10.3.5 If there is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation, regulation or order is enacted, promulgated, promulgated or issued that materially or adversely affects the OfficeAgency’s ability to fulfill any of its obligations under this Agreement.
Appears in 1 contract
Samples: Contract
Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement to the contrary, and subject to the Office shalllimitations set forth below, upon written notice, the Department shall have the right to terminate this Agreement without penalty or legal liability and without any advance notice as a result of any of the following:
5.3.1. 10.3.1 The legislature, governor, legislature or other applicable governing body governor fail in the sole opinion of the Office Department to appropriate funds sufficient to allow the Office Department to either meet its obligations under this Agreement or to operate as required and to fulfill its obligations under this Agreement;; or
5.3.2. 10.3.2 If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Office Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Office Department in its sole discretion;; or
5.3.3. 10.3.3 If the OfficeDepartment’s authorization to conduct its business or engage in activities or operations related to the subject matter of this Agreement is withdrawn or materially altered or modified;; or
5.3.4. 10.3.4 If the OfficeDepartment’s duties, programs, programs or responsibilities are modified or materially altered; or
5.3.5. 10.3.5 If there is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation, regulation or order is enacted, promulgated, promulgated or issued that materially or adversely affects the OfficeDepartment’s ability to fulfill any of its obligations under this AgreementAgreement or the operation of the [System].
Appears in 1 contract
Samples: Services Agreement
Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement Contract to the contrary, and subject to the Office shalllimitations set forth below, upon written notice, have the Division has the right to terminate this Agreement Contract without penalty or legal liability and without any advance notice as a result because of any of the following:
5.3.1. (a) The legislaturelegislature or governor fail, governor, or other applicable governing body fail in the sole opinion of the Office Division, to appropriate funds sufficient to allow the Office Division to either meet its obligations under this Agreement Contract or to operate as required and to fulfill its obligations under this Agreement;Contract.
5.3.2. If funds (b) Funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Office Division to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Office Division in its sole discretion;.
5.3.3. If the Office(c) The Division’s authorization to conduct its business or engage in activities or operations related to the subject matter of this Agreement Contract is withdrawn or materially altered or modified;.
5.3.4. If the Office(d) The Division’s duties, programs, programs or responsibilities are modified or materially altered; or.
5.3.5. If there (e) There is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation, or order is enacted, promulgated, or issued that materially or adversely affects the OfficeDivision’s ability to fulfill any of its obligations under this AgreementContract.
Appears in 1 contract
Samples: Contract for Services
Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement Contract to the contrary, and subject to the Office shalllimitations set forth below, upon written notice, the Division shall have the right to terminate this Agreement Contract without penalty or legal liability and without any advance by giving five business days written notice to the Contractor as a result of any of the following:
5.3.1. The legislature7.5.1 Adequate funds, governoras determined by the Division, are not appropriated or other applicable governing body fail in the sole opinion of the Office to appropriate funds sufficient granted to allow the Office Division either to either meet its obligations under this Agreement Contract or to operate as required and to fulfill its obligations under this AgreementContract;
5.3.2. If funds 7.5.2 Funds are de-appropriated, reduced, or not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Office Division to make any payment hereunder are insufficient or unavailable for any other reason reason, as determined by the Office Division in its sole discretion;
5.3.3. If the Office7.5.3 The Division’s authorization to conduct its business or engage in activities or operations related to the subject matter of this Agreement operate is withdrawn or materially altered or modifiedthere is a material alteration, as determined by the Division, in the programs administered by the Division;
5.3.4. If the Office7.5.4 The Division’s duties, programs, programs or responsibilities are modified or materially altered, as determined by the Division; or
5.3.5. If there 7.5.5 There is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation, regulation or order is enacted, promulgated, promulgated or issued that materially or adversely affects the OfficeDivision’s ability to fulfill any of its obligations under this AgreementContract.
Appears in 1 contract