Funding Out. The continuation of this agreement is contingent upon funding appropriated by the legislature.
Funding Out. Each payment obligation of the District created by this Agreement is conditioned upon the availability of funds that are appropriated or allocated for the payment of services or products. If such funds are not allocated and available, this Agreement may be terminated by the District at the end of the period for which funds are available. The District shall notify the Contractor at the earliest possible time before such termination. No penalty shall accrue to the District in the event this provision is exercised, and the District shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section.
Funding Out. Parties acknowledge that legislative action may require curtailment or termination of some or all of the University’s research and educational programs. Parties acknowledge further that the University is obligated to respond to such legislative action and may determine that it is necessary to curtail or terminate this program. Parties also acknowledge termination or failure to perform terms of this Agreement in response to legislative action will not be deemed a breach of this Agreement.
Funding Out. The Parties acknowledge that legislative action may require that curtailment or termination of some or all of SDSU’s research and educational programs. The Parties acknowledge further that SDSU is obligated to respond to such legislative action and may determine that it is necessary to curtail or terminate those programs. SDSU has no obligation to the other Party to perform any research or educational program and nothing in the foregoing or otherwise in this Agreement will be interpreted to create any obligation on SDSU to perform research or educational programs. The Parties also agree that termination or failure to perform terms and conditions of this Agreement in response to legislative action will not be deemed a breach of this Agreement. ORDER OF PRECEDENCE In the event of any conflict, inconsistency or discrepancy amount, the Agreement and any other documents listed below shall be resolved by giving precedence in the following order: 1) this Agreement including the Exhibits hereto; 2) Purchase Order issued by the Sponsor. For avoidance of doubt, in the event a purchase order is issued under this Agreement and such purchase order contains standardized terms and conditions, the terms and conditions of this Agreement shall supersede and replace all such purchase order terms and conditions.
Funding Out. If funds are not appropriated or otherwise made available to support contract continuation in any fiscal year, the County shall have the right to terminate the contract without prior notice to the Contractor and without any obligation or penalty.
Funding Out. Notwithstanding anything to the contrary herein, if, during budget planning and adoption, Commissioners Court fails to provide funding for this Contract for the following fiscal year of County, County may terminate this Contract after giving Contractor twenty (20) days written notice that this Contract is terminated due to the failure to fund it.
Funding Out. Despite anything to the contrary in this Agreement, if, during budget planning and adoption, the Commissioners Court fails to provide funding for this Agreement for the following fiscal year of Travis County, County may terminate this Agreement after giving Consultant thirty (30) calendar days written notice that this Agreement is terminated due to the failure to fund it.
Funding Out. Each payment obligation of DCPS created by this Agreement is conditioned upon the availability of funds that are appropriated or allocated for the payment of services or products. If such funds are not allocated and available, this Agreement may be terminated by DCPS at the end of the period for which funds are available. DCPS shall notify the Contractor at the earliest possible time before such termination. No penalty shall accrue to DCPS in the event this provision is exercised, and DCPS shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section.
Funding Out. The terms of this Agreement and the services to be provided herein are contingent on the approval and receipt of funds by the District. Should sufficient funds not be allocated, the services provided may be modified or this Agreement terminated at any time by giving Participant 30 days’ prior written notice.
Funding Out. This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the South Dakota Legislature for this purpose. If, for any reason, the Legislature fails to appropriate funds or grant expenditure authority or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the DCI. The termination for any of these reasons is not a default nor does it give rise to a claim against the terminating Party.
