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 PARTNERSHIP’s continued appropriation of funding for the purpose of this AGREEMENT, as well as the receipt of local, PARTNERSHIP, 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 PARTNERSHIP arising from this AGREEMENT shall be immediately discharged. PARTNERSHIP agrees to inform CONTRACTOR no later than ten (10) calendar days after the PARTNERSHIP determines, in its sole judgement, 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 PARTNERSHIP prior to the final date for which funding is available. In the alternative, PARTNERSHIP 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 PARTNERSHIP in the form of promises to pay at a later date, whether referred to as “government warrants”, “IOUs”, or by any other name, Partner, which the CONTRACTOR hereby agrees to accept as sufficient payment until cash funding becomes available.

CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING. 23 The compensation paid to CONTRACTOR pursuant to this AGREEMENT Agreement is based on PARTNERSHIP’s COUNTY’S 24 continued appropriation of funding for the purpose of this AGREEMENTAgreement, as well as the receipt of local, PARTNERSHIP25 county, state and/or federal funding for this purpose. The parties acknowledge that the nature of 26 government finance is unpredictable, and that the rights and obligations set forth in this AGREEMENT Agreement are 1 therefore contingent upon the receipt and/or appropriation of the necessary funds. In the event that 2 funding is terminated, in whole or in part, for any reason, at any time, this AGREEMENT Agreement and all obligations 3 of the PARTNERSHIP COUNTY arising from this AGREEMENT Agreement shall be immediately discharged. PARTNERSHIP COUNTY agrees to inform CONTRACTOR no later than ten (10) calendar days after the PARTNERSHIP COUNTY determines, in its sole judgementjudgment, 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 Agreement must be submitted to PARTNERSHIP COUNTY prior to the final date for which 7 funding is available. In the alternative, PARTNERSHIP COUNTY and CONTRACTOR may agree, in such circumstance, 8 to a suspension or modification, modification of either party’s 's rights and obligations under this AGREEMENTAgreement. Such a 9 modification, if the parties agree thereto, may permit a restoration of previous contract terms in the event 10 funding is reinstated. Also, Also in the alternative alternative, the COUNTY may, if funding is provided to the PARTNERSHIP COUNTY in 11 the form of promises to pay at a later date, whether referred to as “government warrants”, ,” “IOUs”, ,” or by any other name, Partnerthe 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.. 14

CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING. The compensation paid to CONTRACTOR pursuant to this AGREEMENT Agreement is based on PARTNERSHIP’s COUNTY’S continued appropriation of funding for the purpose of this AGREEMENTAgreement, as well as the receipt of local, PARTNERSHIPcounty, 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 PARTNERSHIP arising from this AGREEMENT shall be immediately discharged. PARTNERSHIP COUNTY agrees to inform CONTRACTOR no later than ten (10) calendar days after the PARTNERSHIP COUNTY determines, in its sole judgementjudgment, 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 Agreement must be submitted to PARTNERSHIP COUNTY prior to the final date for which funding is available. In the alternative, PARTNERSHIP COUNTY and CONTRACTOR may agree, in such circumstance, to a suspension or modification, modification of either party’s 's rights and obligations under this AGREEMENTAgreement. 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 alternative, the COUNTY may, if funding is provided to the PARTNERSHIP COUNTY in the form of promises to pay at a later date, whether referred to as “government warrants”, ,” “IOUs”, ,” or by any other name, Partnerthe 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.

CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING. The compensation paid to CONTRACTOR pursuant to this AGREEMENT Agreement is based on PARTNERSHIP’s COUNTY'S continued appropriation of funding for the purpose of this AGREEMENTAgreement, as well as the receipt of local, PARTNERSHIPcounty, 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 ongoing continuation of this AGREEMENT are Agreement is 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 PARTNERSHIP arising from this AGREEMENT shall be immediately discharged. PARTNERSHIP COUNTY agrees to inform CONTRACTOR no later than ten (10) calendar days after the PARTNERSHIP COUNTY determines, in its sole judgementbut reasonable 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 Agreement must be submitted to PARTNERSHIP COUNTY prior to the final date for which funding funding. is available, which shall be at least thirty (30) days after the CONTRACTOR is notified by the COUNTY . In the alternative, PARTNERSHIP COUNTY and CONTRACTOR may agree, in such circumstance, to a suspension or modification, modification of either party’s 's rights and obligations under this AGREEMENTAgreement, provided such suspension or modification is mutually agreed upon in writing. 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 alternative, the COUNTY may, if funding is provided to the PARTNERSHIP COUNTY in the form of promises to pay at a later date, whether referred to as “"government warrants”, “," "IOUs”, ," or by any other name, Partnerthe Agreement may continue pursuant to such arrangement, which at the CONTRACTOR hereby agrees to accept as sufficient payment until cash funding becomes availablemutual written agreement of the parties.

CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING. 16 The compensation paid to CONTRACTOR pursuant to this AGREEMENT Agreement is based on PARTNERSHIP’s COUNTY’S 17 continued appropriation of funding for the purpose of this AGREEMENTAgreement, as well as the receipt of local, PARTNERSHIPcounty, 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 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 Agreement and all obligations 21 of the PARTNERSHIP COUNTY arising from this AGREEMENT Agreement shall be immediately discharged. PARTNERSHIP COUNTY agrees to inform 22 CONTRACTOR no later than ten (10) calendar days after the PARTNERSHIP COUNTY determines, in its sole judgementjudgment, 23 that funding will be terminated and the final date for which funding will be available. Under these 24 circumstances, all billing or other claims for compensation or reimbursement by CONTRACTOR arising 25 out of performance of this AGREEMENT Agreement must be submitted to PARTNERSHIP COUNTY prior to the final date for which 26 funding is available. In the alternative, PARTNERSHIP COUNTY and CONTRACTOR may agree, in such circumstance, 1 to a suspension or modification, modification of either party’s 's rights and obligations under this AGREEMENTAgreement. Such a 2 modification, if the parties agree thereto, may permit a restoration of previous contract terms in the event 3 funding is reinstated. Also, Also in the alternative alternative, the COUNTY may, if funding is provided to the PARTNERSHIP COUNTY in 4 the form of promises to pay at a later date, whether referred to as “government warrants”, ,” “IOUs”, ,” or by any other name, Partnerthe 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.