Common use of Termination for Fiscal Non-Funding Clause in Contracts

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.

Appears in 5 contracts

Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement

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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. Upon termination of Purchaser’s obligations under this Agreement for nonappropriation, the obligations of Purchaser requiring the expenditure of money will cease so long as all payments previously approved or appropriated have been made.

Appears in 2 contracts

Samples: Solar Power Purchase Agreement, Model Solar Power Purchase Agreement

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.. DocuSign Envelope ID: B0A47EA5-ADDC-4324-853B-09D49711DBFF

Appears in 1 contract

Samples: Solar Power Purchase Agreement

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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 may be terminated in Purchaser’s sole discretion as of 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 forwhich 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 terminationnon -appropriation. Either Party may request a meeting to discuss changes to this Agreement or other actions that would remedy the non-appropriation, but the failure to give meet or agree on such Notice changes or actions shall not operate to continue or keep in effect this Agreement beyond the termination date set forth in the preceding sentence Notice or the obligations to make payments under this Agreement beyond the Fiscal Year for which an appropriation is availableavailable unless otherwise agreed by the Parties. Upon termination of Purchaser’s obligations under this Agreement for non-appropriation, the obligations of Purchaser requiring the expenditure of money will cease so long as all payments previously approved or appropriated have been made.

Appears in 1 contract

Samples: Solar Power Purchase Agreement

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