Termination for Fiscal Non-Funding. In the event sufficient funds shall not be appropriated which may lawfully be applied to the payment of Purchaser’s obligations under this Agreement, Purchaser’s rights and obligations under this Agreement shall terminate on the last Day of the last Fiscal Year for which an appropriation is available, or on such earlier date on which a payment is due for which sufficient funds for payment have not been lawfully appropriated, and Purchaser shall not be obligated to make payments under this Agreement beyond the last date for which such an appropriation is available. Not later than thirty (30) Days after Purchaser has knowledge that an appropriation will not be available, Purchaser shall deliver Notice to Seller of such termination, but the failure to give such Notice shall not operate to continue or keep in effect this Agreement beyond the termination date set forth in the preceding sentence or the obligations to make payments under this Agreement beyond the Fiscal Year for which an appropriation is available.
Termination for Fiscal Non-Funding. Generator agrees that Customer’s obligations under this Agreement are subject to Customer’s receipt of adequate annual appropriations. In the event sufficient funds are not appropriated, which may lawfully be applied to the payment of Customer’s obligations under this Agreement, Customer shall promptly provide written notice thereof to Generator identifying the date funding shall cease. Generator may, at its sole discretion and with prompt notice to Customer (i) place the System in standby until such time as the Customer is re-appropriated funds to meet its obligations under this Agreement or (ii) terminate this Agreement. Provided Generator has not terminated the Agreement pursuant to 16.7(ii), if Customer later appropriates sufficient funding for Customer’s payment obligations under this Agreement, then Customer shall provide prompt written notice thereof to Generator and each Parties’ obligations to sell and purchase Electricity generated by the System pursuant to this Agreement shall be reinstated at a date determined by the Generator. Neither Customer, its elected officials, officers, agents or employees shall be obligated to compensate Generator for prior non-appropriations; however, Generator may require redress as a condition to removing the system from standby pursuant to 16.7(i).
