Common use of CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING Clause in Contracts

CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING. The compensation paid to Contractor pursuant to this Agreement is based on County’s continued appropriation of funding for the purpose of this Agreement, as well as the receipt of local, county, state and/or federal funding for this purpose. The parties acknowledge that the nature of government finance is unpredictable, and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation of the necessary funds. In the event that funding is terminated, in whole or in part, for any reason, at any time, this Agreement and all obligations of the County arising from this Agreement shall be immediately discharged. County agrees to inform Contractor no later than ten (10) calendar days after the County determines, in its sole judgment, that funding will be terminated and the final date for which funding will be available. Under these circumstances, all billing or other claims for compensation or reimbursement by Contractor arising out of performance of this Agreement must be submitted to County prior to the final date for which funding is available. In the alternative, County and Contractor may agree, in such circumstance, to a suspension or modification of either party's rights and obligations under this Agreement. Such a modification, if the parties agree thereto, may permit a restoration of previous contract terms in the event funding is reinstated. Also in the alternative, if funding is provided to the County in the form of promises to pay at a later date, whether referred to as “government warrants”, “IOU’s”, or by any other name, the County may, in its sole discretion, provide similar promises to pay to the Contractor, which the Contractor hereby agrees to accept as sufficient payment until cash funding becomes available.

Appears in 3 contracts

Samples: Agreement for Special Services, Agreement for Special Services, Agreement for Special Services Between

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CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING. The compensation paid to Contractor Consultant pursuant to this Agreement is based on County’s continued appropriation of funding for the purpose of this Agreement, as well as the receipt of local, county, state and/or federal funding for this purpose. The parties acknowledge that the nature of government finance is unpredictable, and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation of the necessary funds. In the event that funding is terminated, in whole or in part, for any reason, at any time, this Agreement and all obligations of the County arising from this Agreement shall be immediately discharged. County agrees to inform Contractor Consultant no later than ten (10) calendar days after the County determines, in its sole judgment, that funding will be terminated and the final date for which funding will be available. Under these circumstances, all billing or other claims for compensation or reimbursement by Contractor Consultant arising out of performance of this Agreement must be submitted to County prior to the final date for which funding is available. In the alternative, County and Contractor Consultant may agree, in such circumstance, to a suspension or modification of either party's rights and obligations under this Agreement. Such a modification, if the parties agree thereto, may permit a restoration of previous contract terms in the event funding is reinstated. Also in the alternative, the County may, if funding is provided to the County in the form of promises to pay at a later date, whether referred to as “government warrants”, ,” IOU’s”, IOUs,” or by any other name, the County may, in its sole discretion, provide similar promises to pay to the ContractorConsultant, which the Contractor Consultant hereby agrees to accept as sufficient payment until cash funding becomes available.

Appears in 3 contracts

Samples: Agreement for Special Services, Agreement for Special Services, Agreement for Special Services

CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING. The compensation paid to Contractor Consultant pursuant to this Agreement is based on County’s continued appropriation of funding for the purpose of this Agreement, as well as the receipt of local, county, state and/or federal funding for this purpose. The parties acknowledge that the nature of government finance is unpredictable, and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation of the necessary funds. In the event that funding is terminated, in whole or in part, for any reason, at any time, this Agreement and all obligations of the County arising from this Agreement shall be immediately discharged. County agrees to inform Contractor Consultant no later than ten (10) calendar days after the County determines, in its sole judgment, that funding will be terminated and the final date for which funding will be available. Under these circumstances, all billing or other claims for compensation or reimbursement by Contractor Consultant arising out of performance of this Agreement must be submitted to County prior to the final date for which funding is available. In the alternative, County and Contractor Consultant may agree, in such circumstance, to a suspension or modification of either party's rights and obligations under this Agreement. Such a modification, if the parties agree thereto, may permit a restoration of previous contract terms in the event funding is reinstated. Also Also, in the alternative, if funding is provided to the County in the form of promises to pay at a later date, whether referred to as “government warrants”, “IOU’s”, ,” or by any other name, the County may, in its sole discretion, provide similar promises to pay to the ContractorConsultant, which the Contractor Consultant hereby agrees to accept as sufficient payment until cash funding becomes available.

Appears in 2 contracts

Samples: Agreement for Special Services, Agreement for Special Services

CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING. The compensation paid to Contractor Consultant pursuant to this Agreement is based on County’s continued appropriation of funding for the purpose of this Agreement, as well as the receipt of local, countyCounty, state and/or federal funding for this purpose. The parties acknowledge that the nature of government finance is unpredictable, and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation of the necessary funds. In the event that funding is terminated, in whole or in part, for any reason, at any time, this Agreement and all obligations of the County arising from this Agreement shall be immediately discharged. County agrees to inform Contractor Consultant no later than ten (10) calendar days after the County determines, in its sole judgment, that funding will be terminated and the final date for which funding will be available. Under these circumstances, all billing or other claims for compensation or reimbursement by Contractor Consultant arising out of performance of this Agreement must be submitted to County prior to the final date for which funding is available. In the alternative, County and Contractor Consultant may agree, in such circumstance, to a suspension or modification of either party's ’s rights and or obligations under this Agreement. Such a modification, if the parties agree thereto, may permit a restoration of previous contract terms in the event funding is reinstated. Also in the alternative, if funding is provided to the County in the form of promises to pay at a later date, whether referred to as “government warrants”, “IOU’s”, ,” or by any other name, the County may, in its sole discretion, provide similar promises to pay to the ContractorConsultant, which the Contractor Consultant hereby agrees to accept as sufficient payment until cash funding becomes available.

Appears in 1 contract

Samples: Agreement for Special Services

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CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING. The compensation paid to Contractor University pursuant to this Agreement is based on County’s continued appropriation of funding for the purpose of this Agreement, as well as the receipt of local, county, state and/or federal funding for this purpose. The parties acknowledge that the nature of government finance is unpredictable, and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation of the necessary funds. In the event that funding is terminated, in whole or in part, for any reason, at any time, this Agreement and all obligations of the County arising from this Agreement shall be immediately discharged. County agrees to inform Contractor University no later than ten (10) calendar days after the County determines, in its sole judgment, that funding will be terminated and the final date for which funding will be available. Under these circumstances, all billing or other claims for compensation or reimbursement by Contractor University arising out of performance of this Agreement must be submitted to County prior to the final date for which funding is available. In the alternative, County and Contractor University may agree, in such circumstance, to a suspension or modification of either party's rights and obligations under this Agreement. Such a modification, if the parties agree thereto, may permit a restoration of previous contract terms in the event funding is reinstated. Also Also, in the alternative, if funding is provided to the County in the form of promises to pay at a later date, whether referred to as “government warrants”, “IOU’s”, or by any other name, the County may, in its sole discretion, provide similar promises to pay to the ContractorUniversity, which the Contractor University hereby agrees to accept as sufficient payment until cash funding becomes available.

Appears in 1 contract

Samples: web2.co.merced.ca.us

CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING. Funding of this Agreement is contingent on the availability of Federal or State funds, continued Federal or State authorization for program activities, and is subject to amendment or termination due to lack of funds or authorization. The compensation paid to Contractor pursuant to this Agreement is based on County’s continued appropriation of funding for the purpose of this Agreement, as well as the receipt of local, county, state and/or federal funding for this purpose. The parties acknowledge that the nature of government finance is unpredictable, and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation of the necessary funds. In the event that funding is terminated, in whole or in part, for any reason, at any time, this Agreement and all obligations of the County arising from this Agreement shall be immediately discharged. County agrees to inform Contractor no later than ten (10) calendar days after the County determines, in its sole judgment, that funding will be terminated and the final date for which funding will be available. Under these circumstances, all billing or other claims for compensation or reimbursement by Contractor arising out of performance of this Agreement must be submitted to County prior to the final date for which funding is available. In the alternative, County and Contractor may agree, in such circumstancecircumstances, to a suspension or modification of either party's ’s rights and obligations under this Agreement. Such a modification, if the parties agree thereto, may permit a restoration of previous contract Agreement terms in the event funding is reinstated. Also in the alternative, the County may, if funding is provided to the County in the form of promises to pay at a later date, whether referred to as “government warrants”, ,” IOU’s”, IOUs,” or by any other name, the County may, in its sole discretion, provide similar promises to pay to the Contractor, which the Contractor hereby agrees to accept as sufficient payment until cash funding becomes available.

Appears in 1 contract

Samples: Agreement for Special Services

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