Common use of Termination of CTSA Clause in Contracts

Termination of CTSA. Prior to the Expiration Date, this CTSA may be terminated in whole or in part for any of the following reasons: (a) Termination by mutual agreement of the Parties. This CTSA may be terminated by mutual agreement of the Parties. Such agreement must be in writing. (b) Termination in the best interest of the State. DIR may terminate this CTSA on 30 days prior written notice to Vendor, without pen- alty to or other liability on DIR, at any time when, in its sole discretion, DIR deter- mines that termination is in the best interests of the State. The termination will be ef- fective on the date specified in DIR’s notice of termination. Notwithstanding the fore- going, Purchase Orders for products and services that either include a term commit- ment or minimum purchase commitment, issued by Customer prior to the termination of the CTSA, shall survive such termination. (c) Termination for non-appropriation of funds. (1) DIR, in its capacity as a direct Customer to Vendor. All Purchase Orders under this CTSA are subject to termination, either in whole or in part, without penalty to DIR or the State, as a result of non-appropriation of State funds allocated to DIR. DIR is a State agency whose authority and ap- propriations are subject to actions of the Texas Legislature and appropriate State executive officers, and whose lack of funds from State sources is subject to governmental action. If DIR becomes subject to a legislative, executive or other appropriate governmental body change, revocation of statutory authority, lack of appropriated funds which ceases to fund DIR’s participation under the CTSA beyond the then-current budget period, Purchase Orders under this CTSA will be terminated by DIR, either in whole or in part, under this Section

Termination of CTSA. Prior to the Expiration Date, this CTSA may be terminated in whole or in part for any of the following reasons: (a) Termination by mutual agreement of the Parties. This CTSA may be terminated by mutual agreement of the Parties. Such agreement must be in writing. (b) Termination in the best interest of the State. DIR may terminate this CTSA on 30 days prior written notice to Vendor, without pen- alty pe- xxxxx to or other liability on DIR, at any time when, in its sole discretion, DIR deter- mines that termination is in the best interests of the State. The termination will be ef- fective on the date specified in DIR’s notice of termination. Notwithstanding the fore- going, Purchase Orders for products and services that either include a term commit- ment or minimum purchase commitment, issued by Customer prior to the termination of the CTSA, shall survive such termination. (c) Termination for non-appropriation of funds. (1) DIR, in its capacity as a direct Customer to Vendor. All Purchase Orders under this This CTSA are is subject to termination, either in whole or in part, without penalty to DIR or the State, as a result of non-appropriation of State funds allocated to DIR. DIR is a State agency whose authority and ap- propriations appropriations are subject to actions of the Texas Legislature and appropriate State executive officers, and whose lack of funds from State sources is subject to governmental action. If DIR becomes subject to a legislative, executive or other appropriate governmental govern- mental body change, revocation of statutory authority, lack of appropriated funds which ceases to fund DIR’s 's participation under the CTSA beyond the then-current budget period, Purchase Orders under this CTSA will be terminated by DIR, either in whole or in part, under this SectionSection 11.03 (c)(1), without penalty to, or other liability of DIR and the State. DIR will make a commercially reasonable effort to provide at least thirty (30) Business Days prior notice to Vendor of any non- appropriation of State funds that would entitle DIR to terminate pursuant to this Section 11.03 (c)(1). (2) DIR, on behalf of Customers, in its capacity pursuant to Chapter 2170, Texas Government Code. Vendor and DIR agree that when DIR is acting in its capacity pursuant to Chap- ter 2170, Texas Government Code, it acts and issues Purchase Orders under this CTSA on behalf of Customers. This CTSA is subject to termination, in whole or in part, without penalty to DIR, the State or any affected Customer, as a result of non-appropriation of Customer funds. Customers under this CTSA are state agencies and local governmental entities whose appropriations are subject to actions of the respective governing bodies for such government Cus- tomers. If a Customer(s) becomes subject to an act of non-appropriation of funds which ceases to fund Customer(s) participation under this CTSA beyond the then-current budget period, the Customer(s) participation under this CTSA will be terminated by DIR, on behalf of such Customer(s), either in whole or in part, under this section 11.03 (c )(2), without penalty to, or other liability of DIR, the State or the Customer(s)subject to the act of non-appropriation of funds. DIR will make a commercially reasonable effort to provide written notice to Vendor within ten (10) Business Days of DIR's receipt of notice of non- appropriation from a Customer that would entitle DIR to terminate pursuant to this Section 11.03 (c )(2). Customers that are assistance organizations under Section 2170.004 (6), Texas Government Code and private institutions of high- er education under Section 2170.004 (5), Texas Government Code do not have the authority to terminate their respective participation under the CTSA by rea- son of an act of non-appropriation.