Common use of Termination of Agreement Non Availability of Funds Clause in Contracts

Termination of Agreement Non Availability of Funds. A. The Owner and the Consultant, by mutual written agreement, may terminate this Agreement at any time. The Owner, on 30 days written notice to the Consultant, may terminate this Agreement for any reason deemed appropriate in its sole discretion. B. Owner may terminate this Agreement, in whole or in part, immediately upon notice to Consultant, or at such later date as Owner may establish in such notice, upon the occurrence of any of the following events: 1. Owner fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for Consultant's work; 2. Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or Owner is prohibited from paying for such work from the planned funding source; 3. Consultant no longer holds any license or certificate that is required to perform the work; 4. Consultant commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the work under this Agreement within the time specified herein or any extension thereof, or so fails to pursue the work as to endanger Consultant's performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within 10 business days after delivery of Owner's notice, or such longer period of cure as Owner may specify in such notice. C. Owner reasonably believes that sufficient funds are anticipated to pay all amounts due hereunder and hereby covenants and agrees that it will use its best efforts to obtain and properly request and pursue funds from which payments hereunder may be made, including making provisions for such payments to the extent necessary in the budget submitted for the purpose of obtaining funds and using its best efforts to have such budget approved. It is Owner's intention to make all payments due hereunder if funds are legally available therefor and in that regard Owner represents and warrants to Consultant that this agreement is important to Owner's efficient and economic operation. If, despite the above, Owner is not allotted sufficient funds for the next succeeding fiscal period by appropriation, appropriation limitation, grant, or other funds source lawfully available to it for such purposes to continue the project and make payments hereunder, Owner may terminate this Agreement, by notice to Consultant, without penalty, effective at the end of the current fiscal period for which funds have been allocated and if not so terminated Owner will remain fully obligated for all amounts owing hereunder. Such termination shall not constitute an event of default under any other provision of the Agreement, but Owner shall be obligated to pay all charges incurred through the end of such fiscal period. Owner shall give Consultant notice of such non-availability of funds within thirty (30) days after it received notice of such non-availability. D. In the event of termination of the agreement: 1) the Owner shall compensate the Consultant for all services performed prior to the termination date, and such amounts shall immediately become due and payable; and 2) the Consultant shall immediately cease all Work under this Agreement, unless Owner expressly directs otherwise in the notice of termination, and shall provide to the Owner all plans, specifications, CAD drawings on diskettes, mylar drawings, and all documents, information, works-in- progress or other property that are or would be deliverables had this Agreement been completed. In the event of termination of this agreement, the Consultant shall be responsible to the Owner for the quality of its work product through the date of termination.

Termination of Agreement Non Availability of Funds. A. The Owner and the Consultant, by mutual written agreement, may terminate this Agreement at any time. . B. The Owner, on 30 days written notice to the Consultant, may terminate this Agreement for any reason deemed appropriate in its sole discretion. B. C. Owner may terminate this Agreement, in whole or in part, immediately upon notice to Consultant, or at such later date as Owner may establish in such notice, upon the occurrence of any of the following events: 1. Owner fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for Consultant's work; 2. Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or Owner is prohibited from paying for such work from the planned funding source; 3. Consultant no longer holds any license or certificate that is required to perform the work; 4. Consultant commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the work under this Agreement within the time specified herein or any extension thereof, or so fails to pursue the work as to endanger Consultant's performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within 10 business days after delivery of Owner's notice, or such longer period of cure as Owner may specify in such notice. C. D. Owner reasonably believes that sufficient funds are anticipated to pay all amounts due hereunder and hereby covenants and agrees that it will use its best efforts to obtain and properly request and pursue funds from which payments hereunder may be made, including making provisions for such payments to the extent necessary in the budget submitted for the purpose of obtaining funds and using its best efforts to have such budget approved. It is Owner's intention to make all payments due hereunder if funds are legally available therefor and in that regard Owner represents and warrants to Consultant that this agreement is important to Owner's efficient and economic operation. If, despite the above, Owner is not allotted sufficient funds for the next succeeding fiscal period by appropriation, appropriation limitation, grant, or other funds source lawfully available to it for such purposes to continue the project Project and make payments hereunder, Owner may terminate this Agreement, by notice to Consultant, without penalty, effective at the end of the current fiscal period for which funds have been allocated and if not so terminated Owner will remain fully obligated for all amounts owing hereunder. Such termination shall not constitute an event of default under any other provision of the Agreement, but Owner shall be obligated to pay all charges incurred through the end of such fiscal period. Owner shall give Consultant notice of such non-availability of funds within thirty (30) days after it received notice of such non-availability. D. E. In the event of termination of the agreement: 1) the Owner shall compensate the Consultant for all services Services performed prior to the termination date, together with reimbursable expenses then due, and such amounts shall immediately become due and payable; and 2) the Consultant shall immediately cease all Work under this Agreement, unless Owner expressly directs otherwise in the notice of termination, and shall provide to the Owner all plans, specifications, CAD drawings on diskettes, mylar drawings, and all documentsWork Product, information, works-in- in-progress or other property that are or would be deliverables had this Agreement been completed. In the event of termination of this agreement, the Consultant shall be responsible to the Owner for the quality of its work product through the date of termination.

Termination of Agreement Non Availability of Funds. A. The Owner and the Consultant, by mutual written agreement, may terminate this Agreement at any time. The Owner, on 30 days written notice to the Consultant, may terminate this Agreement for any reason deemed appropriate in its sole discretion. B. Owner may terminate this Agreement, in whole or in part, immediately upon notice to Consultant, or at such later date as Owner may establish in such notice, upon the occurrence of any of the following events: 1. Owner fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for Consultant's work; 2. Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or Owner is prohibited from paying for such work from the planned funding source; 3. Consultant no longer holds any license or certificate that is required to perform the work; 4. Consultant commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the work under this Agreement within the time specified herein or any extension thereof, or so fails to pursue the work as to endanger Consultant's performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within 10 business days after delivery of Owner's notice, or such longer period of cure as Owner may specify in such notice. C. Owner reasonably believes that sufficient funds are anticipated to pay all amounts due hereunder and hereby covenants and agrees that it will use its best efforts to obtain and properly request and pursue funds from which payments hereunder may be made, including making provisions for such payments to the extent necessary in the budget submitted for the purpose of obtaining funds and using its best efforts to have such budget approved. It is Owner's intention to make all payments due hereunder if funds are legally available therefor and in that regard Owner represents and warrants to Consultant that this agreement is important to Owner's efficient and economic operation. If, despite the above, Owner is not allotted sufficient funds for the next succeeding fiscal period by appropriation, appropriation limitation, grant, or other funds source lawfully available to it for such purposes to continue the project and make payments hereunder, Owner may terminate this Agreement, by notice to Consultant, without penalty, effective at the end of the current fiscal period for which funds have been allocated and if not so terminated Owner will remain fully obligated for all amounts owing hereunder. Such termination shall not constitute an event of default under any other provision of the Agreement, but Owner shall be obligated to pay all charges incurred through the end of such fiscal period. Owner shall give Consultant notice of such non-availability of funds within thirty (30) days after it received notice of such non-availability. D. In the event of termination of the agreement: 1) the Owner shall compensate the Consultant for all services performed prior to the termination date, together with reimbursable expenses then due, and such amounts shall immediately become due and payable; and 2) the Consultant shall immediately cease all Work under this Agreement, unless Owner expressly directs otherwise in the notice of termination, and shall provide to the Owner all plans, specifications, CAD drawings on diskettes, mylar drawings, and all documents, information, works-in- in-progress or other property that are or would be deliverables had this Agreement been completed. In the event of termination of this agreement, the Consultant shall be responsible to the Owner for the quality of its work product through the date of termination.

Termination of Agreement Non Availability of Funds. A. 17.1 The Owner and the ConsultantArchitect, by mutual written agreement, may terminate this Agreement at any time. . 17.2 The Owner, on 30 days written notice to the ConsultantArchitect, may terminate this Agreement for any reason deemed appropriate in its sole discretion. B. 17.3 Owner may terminate this Agreement, in whole or in part, immediately upon notice to ConsultantArchitect, or at such later date as Owner may establish in such notice, upon the occurrence of any of the following events: 1. 17.3.1 Owner fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for ConsultantArchitect's work; 2. 17.3.2 Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or Owner is prohibited from paying for such work from the planned funding source; 3. Consultant 17.3.3 Architect no longer holds any license or certificate that is required to perform the work; 4. Consultant 17.3.4 Architect commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the work under this Agreement within the time specified herein or any extension thereof, or so fails to pursue the work as to endanger ConsultantArchitect's performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within 10 business days after delivery of Owner's notice, or such longer period of cure as Owner may specify in such notice. C. 17.4 Owner reasonably believes that sufficient funds are anticipated to pay all amounts due hereunder and hereby covenants and agrees that it will use its best efforts to obtain and properly request and pursue funds from which payments hereunder may be made, including making provisions for such payments to the extent necessary in the budget submitted for the purpose of obtaining funds and using its best efforts to have such budget approved. It is Owner's intention to make all payments due hereunder if funds are legally available therefor and in that regard Owner represents and warrants to Consultant Architect that this agreement is important to Owner's efficient and economic operation. If, despite the above, Owner is not allotted sufficient funds for the next succeeding fiscal period by appropriation, appropriation limitation, grant, or other funds source lawfully available to it for such purposes to continue the project Project and make payments hereunder, Owner may terminate this Agreement, by notice to ConsultantArchitect, without penalty, effective at the end of the current fiscal period for which funds have been allocated and if not so terminated Owner will remain fully obligated for all amounts owing hereunder. Such termination shall not constitute an event of default under any other provision of the Agreement, but Owner shall be obligated to pay all charges incurred through the end of such fiscal period. Owner shall give Consultant Architect notice of such non-availability of funds within thirty (30) days after it received notice of such non-availability. D. 17.5 In the event of termination of the agreement: 1) the Owner shall compensate the Consultant Architect for all services Services performed prior to the termination date, together with reimbursable expenses then due, and such amounts shall immediately become due and payable; and 2) the Consultant shall immediately cease all Work under this Agreement, unless Owner expressly directs otherwise in the notice of termination, and shall provide to the Owner all plans, specifications, CAD drawings on diskettes, mylar drawings, and all documents, information, works-in- progress or other property that are or would be deliverables had this Agreement been completed. In the event of termination of this agreement, the Consultant shall be responsible to the Owner for the quality of its work product through the date of termination.amounts