Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
Funding Out Clause. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Provider understands that all obligations of the GLO under this Contract are subject to the availability of funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution.
Funding Out Clause. Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions: “Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.”
Funding Out Clause. This Agreement may be terminated by the City without notice and without penalty or liability in the event that (1) the City lacks sufficient funds for this Agreement; (2) funds for this Agreement are not appropriated by the City Council of the City; and (3) funds for this Agreement that are or were to be provided by grant or through an outside service are withheld, denied or are otherwise not available to the City.
Funding Out Clause. This Agreement may be terminated by the City without notice and without penalty or liability in the event that one of the follow hold true:
Funding Out Clause. Not withstanding any contrary provision of this agreement, each payment obligation of the County created by this agreement is conditioned upon the availability of funds that are appropriated or allocated for Bulk Gasoline and Diesel. If such funds are not allocated and available, this agreement may be terminated by the County at the end of the period for which funds are available. The County shall notify the Vendor at the earliest possible time before such termination. No penalty shall accrue to the County in the event this provision is exercised, and the County shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section. This provision shall not be construed so as to permit the County to terminate this agreement in order to purchase Bulk Gasoline and Diesel. CONTRACT AWARD: Criteria utilized by Xxxxxx County for determining the lowest responsible bidder includes, but is not limited to, whether the bidder meets the County’s published specifications, the bidder’s experience, skill, ability, business judgment, financial capacity, integrity, honesty, possession of the necessary facilities or equipment, previous performance, reputation, promptness, and any other factor which could reasonably be asserted as being relevant to successful performance. Xxxxxx County does not discriminate on the basis of race, color, national origin, sex, religion, age, and disability in the employment or provision of services or awarding of contracts.
Funding Out Clause. If a participating agency fails to obligate requisite funds for any ensuing year(s) for payment of amounts due under this Agreement, necessitating cancellation of the participation in the WCRCS of that participating agency, said participating agency shall notify WCTS by April 15th of the non-appropriation of funds. In the case of the Nevada Department of Transportation, said notice shall be given by June 15th in a legislative year, unless the Legislative session is extended, in which case notice will be given upon the end of the session.
Funding Out Clause. This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruptions of current appropriations, provisions of Section 6.3 of this contract will apply. Any contract resulting from this solicitation is contingent upon the continued availability of lawful appropriations by the Texas Legislature. See Texas Constitution, Article III Section 49, State Debts; and Texas General Appropriations Act for the 2022-2023 Biennium, Article IX, Section 6.03, Excess Obligations Prohibited.
Funding Out Clause. If Customer is a governmental entity receiving federal funds, Customer’s payment obligation may be conditioned upon the availability of funds that are appropriated or allocated by the applicable government agency. If funds are not allocated, Customer may terminate this Agreement at the end of the period for which funds are available. Customer must notify XtraMath in writing within thirty (30) calendar days before termination. Upon termination, XtraMath will be entitled to a pro-rata portion of the fees for Service performed up to the date of termination.
Funding Out Clause. If a Partner Agency fails to allocate requisite funds for any ensuing year(s) for payment of amounts due under this Agreement, necessitating cancellation of the participation in the P25 System Agreement and use of the P25 System, this Agreement shall be terminated as to that Agency when appropriated funds expire. The Agency shall notify WCTS by April 15th of the non-appropriation of funds.
