Common use of Funding Out Clause in Contracts

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.