Common use of Termination for Lack of Appropriations Clause in Contracts

Termination for Lack of Appropriations. The parties acknowledge and agree that the City is a municipal corporation and political subdivision of the state of Florida, and as such, the City’s Net Metering Program and this Agreement are subject to budgeting and appropriation by the City of funds sufficient to pay the costs associated with the City’s Net Metering Program in any fiscal year of the City. Notwithstanding anything in the City’s Net Metering Program or this Agreement to the contrary, in the event that no funds are appropriated or budgeted by the City’s governing board in any fiscal year to pay the costs associated with the City’s Net Metering Program and/or obligations under this Agreement, or in the event the funds budgeted or appropriated are, or are estimated by the City to be, insufficient to pay the costs associated with the City’s Net Metering Program and/or obligations hereunder in any fiscal period, then the City will notify the Customer of such occurrence and either the City or the Customer may terminate this Agreement by notifying the other in writing, which notice shall specify a date of termination no earlier than twenty-four (24) hours after giving of such notice. Termination in accordance with the preceding sentence shall be without penalty or expense to the City of any kind whatsoever; however, City shall any amounts then due to the Customer under the City’s Net Metering Program through the date of termination.