Termination for Non-Appropriations. In the event that Thornton City Council fails to appropriate funds for the continuation of this Agreement for any fiscal year past the initial year, Xxxxxxxx may, at the beginning of the fiscal year for which the City Council does not appropriate such funds and upon prior written notice as provided for, may terminate this Agreement without penalty and be released of further obligations.
Termination for Non-Appropriations. In the event the General Assembly fails to appropriate the specific funds necessary to enter into or continue this Participating Addendum, in whole or part, this Participating Addendum shall be terminated as to any obligation of the State requiring the expenditure of money for which no specific appropriation is available at the end of the last fiscal year for which no appropriation is available or upon the exhaustion of funds. This is not a termination for convenience and will not be converted to such.
Termination for Non-Appropriations. Client may terminate any Order Form if funds sufficient to pay its obligations under the Agreement are not appropriated by the applicable state legislature, federal government, or other appropriate government entity or received from an intended third party funding source. In the event of such insufficiency, WellSky will be provided ten (10) calendar days written notice of intent to terminate. Notwithstanding the foregoing, if Client issues an Order Form and has accepted the products and/or services, Client is obligated to pay for the products and/or services. In the event of such termination, Client will not be considered to be in default or breach under the Agreement nor shall it be liable for any further payments ordinarily due under the Agreement, nor shall it be liable for any damages or any other amounts which are caused by or associated with such termination.
Termination for Non-Appropriations. Each City’s obligation to pay any amounts due for those fiscal periods succeeding the current fiscal period are contingent upon legislative appropriation or approval of funds for that purpose. Therefore, such City may terminate the Contract Documents as to itself only (and not as to the other City) with respect to not less than the entire term effective as of the end of any of its succeeding fiscal periods by giving (60) days prior written notice of the termination and establishing a termination date. No termination fee shall be allowed. All obligations of the applicable City to make payments due after the termination date will cease. Notwithstanding the foregoing, the City agrees to (a) not terminate the Contract Documents under this provision if any funds are appropriated to perform the services of the Contract Documents, and (b) that the City will use good faith efforts to obtain appropriation of the necessary funds to avoid termination of the Contract Documents.
Termination for Non-Appropriations. Funds for this contract are payable from state and/or federal appropriations. In the event no funds or insufficient funds are appropriated and budgeted in any fiscal year for payments due under this contract, the State shall immediately notify contractor or its assignee, of such occurrence, and this contract shall create no further obligation of the State as to such current or succeeding fiscal year, and shall be null and void, except as to the portions of payments herein agreed upon for funds which shall have been appropriated and budgeted. In such event, this contract shall terminate on the last day of the year for which appropriations were received without penalty or expense to the State of any kind whatsoever. After such termination of this contract, the State shall have no continuing obligation to make purchases under this contract. No right of action or damages shall accrue to the benefit of the contractor or its assignee as to that portion of this contract, which may so terminate.
Termination for Non-Appropriations. In the event the General Assembly fails to appropriate the specific funds necessary to enter into or continue this Agreement, in whole or part, the Agreement shall be terminated as to any obligation of the DOI or Delaware requiring expenditure of money for which no specific appropriation is available at the end of the last fiscal year for which no appropriation is available or upon the exhaustion of funds. This is not a termination for convenience and will not be converted to such. Termination for Default of Express Provisions of the Agreement: If termination for default of any express provision of this Agreement is effected by the DOI, the DOI will pay FHC that portion of the compensation which has been earned as of the effective date of termination, but no amount shall be allowed for anticipated profit on performed, partially performed or unperformed services or other work. Any payment due to FHC at the time of termination may be adjusted to the extent of any additional costs occasioned to the DOI by reason of FHC’s default. Upon termination for any reason or if FHC ceases to conduct business with the DOI, the DOI may take over the work and prosecute the same to completion by agreement with another party or otherwise. In the event FHC shall cease conducting business with the DOI, other than pursuant to the terms of this Agreement, the DOI shall have the right to make an unsolicited offer of employment to any employees of FHC assigned to the performance of the Agreement, notwithstanding the provisions of subparagraph 7.2. If after termination for default, it is determined that FHC has not so defaulted, the termination shall be deemed to have been effected for the convenience of the DOI. The rights and remedies of the DOI and FHC provided in this section are in addition to any other rights and remedies provided by law or under this Agreement.
Termination for Non-Appropriations. In the event the General Assembly fails to appropriate the specific funds necessary to enter into or continue this Participating Addendum, in whole or part, this Participating Addendum shall be terminated as to any obligation of the State requiring the expenditure of money for which no specific appropriation is available at the end of the last fiscal year for which no appropriation is available or upon the exhaustion of funds. This is not a termination for convenience and will not be converted to such. The Purchasing Entity remains responsible for payment for any products ordered or service associated with its actual use of the service through the date of termination.
