Common use of Termination Due to the Lack of Funds Clause in Contracts

Termination Due to the Lack of Funds. If funds received by SFWIB to finance this Contract become unavailable or if federal or state funds upon which this Contract is dependent are withdrawn or redirected, the SFWIB, in its sole discretion, may terminate this Contract upon no less than twenty-four (24) hours’ notice, in writing, to Contractor. Said notice must be delivered by certified mail, return receipt requested or in person with proof of delivery. The SFWIB shall be the final authority as to the availability of funds and may not reallocate funds earmarked for this Contract to another program thus causing “lack of funds.” In the event of termination of this Contract due to the lack of funds, the SFWIB shall compensate the Contractor for any work completed in accordance with the terms of the Contract prior to the date of the notification of termination. The Contractor shall not be entitled to recover any cancellation charges, consequential damages, indirect costs, or lost profits as a result of a termination due to the lack of funds.

Appears in 5 contracts

Samples: Staffing Services Agreement, Workforce Services Contract, Workforce Services Subrecipient Contract

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Termination Due to the Lack of Funds. If funds received by SFWIB to finance this Contract become unavailable or if federal or state funds upon which this Contract is dependent are withdrawn or redirected, the SFWIB, in its sole discretion, may terminate this Contract upon no less than twenty-four (24) hours’ notice, notice in writing, writing to the Contractor. Said notice must shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The SFWIB shall be the final authority as to the availability of funds and may will not reallocate funds earmarked for this Contract to another program thus causing “lack of funds.” In the event of termination of this Contract due to the lack of fundsunder this provision, the SFWIB shall compensate the Contractor will be compensated for any work completed in accordance with the terms of the Contract to SFWIB’s satisfaction prior to the date of the notification of termination. The Contractor shall not be entitled to recover any cancellation charges, consequential damages, indirect costs, or lost profits as a result of a termination due to the lack of funds.profits

Appears in 5 contracts

Samples: Purchase Order, Purchase Order, Purchase Order

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Termination Due to the Lack of Funds. If funds received by SFWIB to finance this Contract become unavailable or if federal or state funds upon which this Contract is dependent are withdrawn or redirected, the SFWIB, in its sole discretion, may terminate this Contract upon no less than twenty-four (24) hours’ notice, in writing, to ContractorTraining Vendor. Said notice must be delivered by certified mail, return receipt requested or in person with proof of delivery. The SFWIB shall be the final authority as to the availability of funds and may not reallocate funds earmarked for this Contract to another program thus causing “lack of funds.” In the event of termination of this Contract due to the lack of funds, the SFWIB shall compensate the Contractor Training Vendor for any work completed in accordance with the terms of the Contract prior to the date of the notification of termination. The Contractor Training Vendor shall not be entitled to recover any cancellation charges, consequential damages, indirect costs, or lost profits as a result of a termination due to the lack of funds.

Appears in 1 contract

Samples: Training Vendor Agreement

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