Termination for Unavailability of Funds. In the event of reduction, suspension, discontinuance or other unavailability of funds, CITY unilaterally may take appropriate action(s) including, but not limited to, immediately canceling or reducing existing service authorization, stopping or reducing further referrals of individuals, and/or reducing the maximum dollar amount of this AGREEMENT. CITY shall give GRANTEE no less than sixty (60) business days’ advance written notice of the action(s) CITY intends to take as a result of the unavailability of funds. CITY shall not be liable for start-up costs, or lost profits in the event of early termination.
Termination for Unavailability of Funds. A. The Payment of money by the Department or the State under any provisions hereof is contingent upon the availability of funds appropriated by the Legislature to an agency or department of the State to cover the provisions hereof.
X. Xxxxxxx the State, the Department nor its elected officials, officers, employees, agents, attorneys or other individuals acting on behalf of the State, make any representations or warranty as to whether any appropriation will, from time to time during the Contract Term, be made by the Legislature of the State.
C. In the event State funds for this Contract become unavailable due to Non-Appropriation, the Department will have the right to terminate the Contract without penalty.
D. The Contractor acknowledges that the Department does not receive a “line item appropriation”.
1. If the funds appropriated are not sufficient to pay for the Department’s operating expenses, contractual obligations and other financial obligations, the Department, in its sole discretion, will determine what operating expenses, contractual obligations and other financial obligations it will pay.
Termination for Unavailability of Funds. The State of West Virginia, Department of Administration Purchasing through the Department at its discretion, may terminate at any time, the whole, or any part of, this Contract or modify the terms of the Contract if federal or state funding for the Contract, the Medicaid program, or the Xxxxxx Care program as a whole is reduced or terminated for any reason. Modification of the Contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given thirty (30) calendar days notification of termination. After modification of the contract, the MCO will have the right not to continue the Contract if the new Contract terms are deemed to be insufficient, notwithstanding any other provision of this contract. The MCO will have a minimum of sixty (60) calendar days to notify the State of West Virginia, Department of Administration Purchasing through the Department regarding its desire to accept new terms. If the new capitation rates and any other Contract modifications are not established at least sixty (60) calendar days prior to the expiration of the initial or extension agreement, the Department will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement period had commenced and the MCO’s sixty (60) calendar day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If the Department is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, the Department may terminate the Contract pursuant to Article II, Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. The Department is obligated to pay all charges incurred through the end of the fiscal year at which time this Contract will terminate. The Department must give the MCO written notice of such non-allocation of funds as soon as possible after the Department receives notice of such non-allocation. No penalty may accrue to the MCO in the event this provision is exercised.
Termination for Unavailability of Funds. The Department at its discretion may terminate at any time the whole or any part of this contract or modify the terms of the contract if federal or state funding for the contract or for the Medicaid program as a whole is reduced or terminated for any reason. Modification of the contract includes, but is not limited to, reduction of the rates or amounts of consideration, reducing services covered by the MCO, or the alteration of the manner of the performance in order to reduce expenditures under the contract. Whenever possible, the MCO will be given 30 days notification of termination. After modification of the contract, the MCO will have the right not to continue the contract if the new contract terms are deemed to be insufficient, notwithstanding any other provision of this contract. The MCO will have a minimum of 60 days to notify the Department regarding its desire to accept new terms. If the new capitation rates and any other contract modifications are not established at least 60 days prior to the expiration of the initial or extension agreement, the Department will reimburse the MCO at the higher of the new or current capitation rates for that period during which the new agreement period had commenced and the MCO’s 60-day determination and notification period had not been completed, and the MCO will be held to the terms of the executed contract. If the Department is not allotted funds in any succeeding fiscal year for the continued use of the services covered by this contract, the Department may terminate the contract pursuant to Section 6, hereof at the end of the affected current fiscal period without further charge or penalty. The Department is obligated to pay all charges incurred through the end of the then fiscal year at which time this contract will terminate. The Department must give the MCO written notice of such non-allocation of funds as soon as possible after the Department receives notice of such non-allocation. No penalty may accrue to the Department in the event this provision is exercised.
Termination for Unavailability of Funds. In the event that federal and/or state funds to finance this Contract become unavailable after the effective date of this Contract, or prior to the anticipated contract expiration date, SCDHHS may terminate the Contract without penalty. This notification will be made in writing. Availability of funds shall be determined solely by SCDHHS.
Termination for Unavailability of Funds. Any Project is contingent on the continued availability of government funds which are appropriated or allocated to the OWNER. In the event funds are not allocated and lawfully available to the Owner to complete the Project, the Project may be terminated by the OWNER upon prompt written notice to the ARCHITECT/ENGINEER at the earliest possible time stating the date of termination under this section. No liquidated damages shall accrue to the ARCHITECT/ENGINEER in the event this provision is exercised, and the OWNER shall not be obligated or liable for any costs, expenses or other charges incurred after the date of termination, including any other damages or costs of any kind arising out of or resulting from termination under this section including any termination expenses as provided in Section 13.4. In the event of termination for unavailability of funds, the Owner shall pay the ARCHITECT/ENGINEER for the cost of any Basic or Additional services provided and work completed up to the date of termination for the Project in an amount not to exceed 100% of the total compensation for the same. This provision shall not be construed to permit the Owner to terminate a Project in order to acquire similar services from another party.
Termination for Unavailability of Funds. In the event that federal and/or State funds to finance this Agreement become unavailable, HCA may terminate the Agreement immediately in writing to the CONTRACTOR without penalty. The CONTRACTOR shall be entitled to receive, and shall be limited to, just and equitable compensation for any satisfactory authorized work performed as of the termination date for uncompensated work performed on or after Go-Live. Availability of funds shall be determined solely by HCA. HCA’s decision as to whether sufficient funds are available shall be accepted by the CONTRACTOR and shall be final.
Termination for Unavailability of Funds. 36 6.14 Termination Obligations of Contracting Parties 37
Termination for Unavailability of Funds. In the event that federal and/or state funds to finance this Agreement become unavailable, TENNCARE may terminate the Agreement immediately in writing to the CONTRACTOR without penalty. The CONTRACTOR shall be entitled to receive and shall be limited to, just and equitable compensation for any satisfactory authorized work performed as of the termination date. Availability of funds shall be determined solely by TENNCARE.
Termination for Unavailability of Funds. Notwithstanding any other provision of this Agreement, the Parties agree that the charges hereunder are payable by DLEC solely from appropriated, otherwise unobligated funds. In the event such funds are determined in the sole discretion of DLEC to no longer be available or to be insufficient with respect to the charges payable pursuant to this Agreement, DLEC may terminate this Agreement without further obligation of DLEC up to the effective date of termination, except CONTRACTOR shall be paid for all work performed to such date and accepted by DLEC.
