Common use of Termination Due to Lack of Funds or Change in Law Clause in Contracts

Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement to the contrary, and subject to the limitations set forth below, the State of Iowa shall have the right to terminate this Agreement without penalty or liability and without any advance notice as a result of any of the following: (a) the legislature or governor fail, in the sole opinion of the State of Iowa, to appropriate funds sufficient to allow the State of Iowa or any State User to either meet its obligations under this Agreement or to operate as required and to fulfill its obligations under this Agreement; (b) if funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the State of Iowa or any State User (regardless of the source of funding or revenues) to make any payment hereunder are insufficient or unavailable for any other reason as determined by the State of Iowa in its sole discretion; (c) if the State of Iowa’s or any State User’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to conduct its business or engage in activities or operations related to the subject matter of this Agreement is withdrawn or materially altered or modified; (d) if any duties, programs or responsibilities of the State of Iowa, the OCIO, or any State User are modified or materially altered; (e) if any event or circumstance occurs that impacts or affects the ability of the State of Iowa or any State User or Governmental Entity, to continue to operate, use, maintain or pay for any Services or Deliverables (or any part or component thereof); or (f) 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 ability of the State of Iowa or any State User to fulfill any of its obligations under this Agreement or the use, operation or maintenance of Services or Deliverables, or any portion or component thereof.

Appears in 3 contracts

Samples: Software as a Service and Professional Services Agreement, Software as a Service and Professional Services Agreement, Software as a Service and Professional Services Agreement

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Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement to the contrary, and subject to the limitations set forth below, the State of Iowa Office 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: (a) the legislature The legislature, governor, or governor fail, other applicable governing body fail in the sole opinion of the State of Iowa, Office to appropriate funds sufficient to allow the State of Iowa or any State User Office to either meet its obligations under this Agreement or to operate as required and to fulfill its obligations under this Agreement; (b) if If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the State of Iowa or any State User (regardless of the source of funding or revenues) Office to make any payment hereunder are insufficient or unavailable for any other reason as determined by the State of Iowa Office in its sole discretion; (c) if If the State of Iowa’s or any State UserOffice’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; (d) if any If the Office’s duties, programs programs, or responsibilities of the State of Iowa, the OCIO, or any State User are modified or materially altered; (e) if any event or circumstance occurs that impacts or affects the ability of the State of Iowa or any State User or Governmental Entity, to continue to operate, use, maintain or pay for any Services or Deliverables (or any part or component thereof); or (f) if If there is a decision of any court, administrative law judge 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 Office’s ability of the State of Iowa or any State User to fulfill any of its obligations under this Agreement Agreement; or In the useevent any audit (whether state or federal) or other review, operation or maintenance of Services or Deliverablesthe Office, or United States governmental entity: Takes exception to the Project(s) provided under this Agreement for which state or federal reimbursement has been paid, or to the manner in which any portion related funds have been disbursed or component thereofexpended; Concludes or orders that State or federal funds are deferred or disallowed, or have been disbursed or expended in a manner not consistent with or in violation of any Applicable Laws governing the expenditure of such funds; Concludes or determines that Grantee has been paid for any cost that is unallowable, unallocable, or unreasonable.

Appears in 2 contracts

Samples: Grant Agreement, Grant Agreement

Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement to the contrary, and subject to the limitations set forth below, the State of Iowa shall have the right to terminate this Agreement without penalty or liability and without any advance notice as a result of any of the following: (a) the legislature or governor fail, in the sole opinion of the State of Iowa, to appropriate funds sufficient to allow the State of Iowa or any State User to either meet its obligations under this Agreement or to operate as required and to fulfill its obligations under this Agreement; (b) if funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the State of Iowa or any State User (regardless of the source of funding or revenues) to make any payment hereunder are insufficient or unavailable for any other reason as determined by the State of Iowa in its sole discretion; (c) if the State of Iowa’s or any State User’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; (d) if any duties, programs or responsibilities of the State of Iowa, the OCIO, or any State User are modified or materially altered; (e) if any event or circumstance occurs that impacts or affects the ability of the State of Iowa or any State User or Governmental Entity, to continue to operate, use, maintain or pay for any Services or Deliverables (or any part or component thereof); or (f) 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 ability of the State of Iowa or any State User to fulfill any of its obligations under this Agreement or the use, operation or maintenance of Services or DeliverablesServices, or any portion or component thereof.

Appears in 1 contract

Samples: Software as a Service Agreement

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Termination Due to Lack of Funds or Change in Law. Notwithstanding anything in this Agreement to the contrary, and subject to the limitations set forth below, the State of Iowa Office 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: (a) the legislature The legislature, governor, or governor fail, other applicable governing body fail in the sole opinion of the State of Iowa, Office to appropriate funds sufficient to allow the State of Iowa or any State User Office to either meet its obligations under this Agreement or to operate as required and to fulfill its obligations under this Agreement; (b) if If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the State of Iowa or any State User (regardless of the source of funding or revenues) Office to make any payment hereunder are insufficient or unavailable for any other reason as determined by the State of Iowa Office in its sole discretion; (c) if If the State of Iowa’s or any State UserOffice’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; (d) if any If the Office’s duties, programs programs, or responsibilities of the State of Iowa, the OCIO, or any State User are modified or materially altered; (e) if any event or circumstance occurs that impacts or affects the ability of the State of Iowa or any State User or Governmental Entity, to continue to operate, use, maintain or pay for any Services or Deliverables (or any part or component thereof); or (f) if If there is a decision of any court, administrative law judge 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 Office’s ability of the State of Iowa or any State User to fulfill any of its obligations under this Agreement Agreement; or In the useevent any audit (whether state or federal) or other review, operation the Office or maintenance any other State of Services or DeliverablesIowa governmental entity, or United States governmental entity: Takes exception to the Project(s) provided under this Agreement for which state or federal reimbursement has been paid, or to the manner in which any portion related funds have been disbursed or component thereofexpended; Concludes or orders that State or federal funds are deferred or disallowed, or have been disbursed or expended in a manner not consistent with or in violation of Applicable Laws governing the expenditure of such funds; or Concludes or determines that Grantee has been paid for any cost that is unallowable, unallocable, or unreasonable.

Appears in 1 contract

Samples: Grant Agreement

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