Common use of CASH BASIS Clause in Contracts

CASH BASIS. Notwithstanding anything contained in the Agreement to the contrary, it is understood and agreed by the parties hereto that City is obligated only to pay periodic payments or monthly installments under the Agreement as may lawfully be made from funds budgeted and appropriated for such purpose during the City’s then current budget Year (i.e. January 1 to December 31) or from funds made available from any lawfully operated, revenue producing source. Should City fail to budget, appropriate or otherwise make available funds for payments due under the Agreement in any budget year, the Agreement shall be deemed terminated on the last day of the then current budget year for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the recurring charges herein agreed upon for which funds have appropriated and budgeted or are otherwise made available. City agrees to notify Consultant of such termination, which shall not constitute a default under the Agreement, as least sixty (60) days prior to the end of the City’s then current budget year. This paragraph shall not be construed so as to permit City to terminate the Agreement in order to acquire any other functionally similar product or service or to allocate funds directly or indirectly to perform essentially the same application for which the product or service under the agreement is intended.

CASH BASIS. Notwithstanding anything contained in the Agreement to the contrary, it is understood and agreed by the parties hereto that City is obligated only to pay periodic payments or monthly installments under the Agreement as may lawfully be made from funds budgeted and appropriated for such purpose during the City’s then current budget Year (i.e. January 1 to December 31) or from funds made available from any lawfully operated, revenue producing source. Should City fail to budget, appropriate or otherwise make available funds for payments due under the Agreement in any budget year, the Agreement shall be deemed terminated on the last day of the then current budget year for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the recurring charges herein agreed upon for which funds have appropriated and budgeted or are otherwise made available. City agrees to notify Consultant Vendor of such termination, which shall not constitute a default under the Agreement, as least sixty (60) days prior to the end of the City’s then current budget year. This paragraph shall not be construed so as to permit City to terminate the Agreement in order to acquire any other functionally similar product or service or to allocate funds directly or indirectly to perform essentially the same application for which the product or service under the agreement is intended.