Non-Appropriation means a Legislative act in which funds to enable the Department or to effect continued payment under this Contract are not appropriated or otherwise made available.
Non-Appropriation has the meaning specified in Section 7.
Non-Appropriation means the failure of Lessee, Lessee’s governing body, or, if applicable, the governmental entity from which Lessee obtains its operating and/or capital funds to appropriate money for any Fiscal Year sufficient for the continued performance by Lessee of all of Lessee’s obligations under this Agreement, as evidenced by the passage of an ordinance or resolution specifically prohibiting Lessee from performing its obligations under this Agreement with respect to any Equipment, and from using any moneys to pay any Rental Payments due under this Agreement for a designated Fiscal Year and all subsequent Fiscal Years.
Examples of Non-Appropriation in a sentence
All contracts entered into by Rockingham County are required to contain Non-Appropriation and Indemnification clauses.
If a Non-Appropriation occurs, DISTRICT shall remit all amounts due to CONTRACTOR through the date of termination.
Where funding is controlled entirely by DISTRICT, before discontinuing funding, DISTRICT, at its discretion, will make efforts to; 1) identify other goods/services that perform substantially the same functions; 2) identify if any funding is available through a reallocation or reprogramming of other appropriated or non-appropriated funds, and 3) make its best efforts to request and secure such funds from the appropriate entities (collectively, a "Non-Appropriation").
If a Non-Appropriation occurs, then Member Agency will give Contractor prompt notice of such Non-Appropriation.
Termination of the Agreement under this paragraph is to be considered Termination for Non-Appropriation of Funds.
More Definitions of Non-Appropriation
Non-Appropriation means the failure by the Legislature of the State, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.
Non-Appropriation means the failure of an appropriation or availability of the Governing body of Agency or the Legislature to appropriate money for any Fiscal Year sufficient for the continued performance by Agency of all of Agency’s obligations under this Contract as evidenced by the passage of a final budget which does not include funding sufficient to pay all payments due.
Non-Appropriation. The failure of City of Deadwood, South Dakota to appropriate money for any Fiscal Year of Lessee sufficient for the continued performance of this Lease by Xxxxxx, as evidenced by the passage of an ordinance or resolution specifically prohibiting Lessee from performing its obligations under this Lease, and from using any moneys to pay the Rental Payments due under this Lease for a designated Fiscal Year and all subsequent Fiscal Years.
Non-Appropriation means and shall be deemed to have occurred with respect to any payment obligation or other monetary obligation of a City Party (in any capacity) that may arise under this Agreement during any Agreement Year and for which a City Party is determined to have liability or responsibility, if a City Party fails to make an Appropriation within sufficient time to avoid a City Party Default under this Agreement; provided however, Non-Appropriation does not constitute a City Party Default.
Non-Appropriation. Contractor understands that the Commonwealth's funds for this Contract are contingent on the availability of lawful appropriations by the Pennsylvania Legislature and authorization by the Governor. If the Pennsylvania Legislature or the Governor fails at any time to continue funding for the Contract, the Commonwealth's obligations under the Contract are terminated as of the date that the funding expires without further obligations of the Commonwealth. The Commonwealth represents that as at the date of this Contract sufficient funds have been appropriated for the full payment under this Contract. In the event this Contract is terminated pursuant to this Paragraph, the Commonwealth shall not procure the same or a similar statewide radio system for the remainder of the current fiscal year, unless less than 182 calendar days remain in the current fiscal year, in which case the Commonwealth shall not procure the same or similar statewide radio system until the end of the following fiscal year.
Non-Appropriation. IEMA’s obligations hereunder shall cease immediately, without penalty or further payment being required, in any year for which the General Assembly of the State of Illinois fails to make an appropriation sufficient to pay such obligation or the U.S. Department of Homeland Security, Federal Emergency Management Agency, Grants Programs Directorate (DHS FEMA GPD) fails to provide the funds. IEMA shall give the Subrecipient notice of such termination for funding as soon as practicable after IEMA becomes aware of the failure of funding. The Subrecipient’s performance obligations under the Agreement shall cease upon notice by IEMA of lack of appropriated funds.
Non-Appropriation. The Commonwealth‘s payment obligations are solely from funds allotted for the purpose of the lease. If sufficient funds are not appropriated for continuation of performance under any lease agreement for any fiscal year, subsequent to the one to which the lease agreement was entered into, the Commonwealth may return the equipment to the contractor and thereafter be released of all further obligation, provided (1) the equipment is returned to the contractor in good condition, reasonable wear and tear excepted, and (2) thirty (30) days written notice is given to the contractor from the agency head or designee, stating the failure of appropriations as the reason for return, and certifying that the equipment is not being replaced by similar equipment from another contractor.