Non-Allocation of Funds. The terms of this Agreement, and the services to be 25 provided thereunder, are contingent on the approval of funds by the appropriating government 26 agency. Should sufficient funds not be allocated, the services provided may be modified, or this 27 Agreement terminated at any time by giving CONTRACTOR thirty (30) days advance written
Non-Allocation of Funds. The terms of this Agreement, and the services to 21 be provided thereunder, are contingent on the approval of funds by the appropriating government
Non-Allocation of Funds. The terms of this Agreement and the services to be provided there under are contingent on the approval and appropriation of funds by the NSAQMD, the State of California and the federal government. NSAQMD upon giving seven (7) calendar days written notice to Participant, shall have the right to terminate its obligations under this Agreement if the NSAQMD, the Federal Government or the State of California, as the case may be, does not appropriate funds sufficient to discharge NSAQMD’s obligations coming due under this Agreement.
Non-Allocation of Funds. The terms of this Agreement, and the services to be provided hereunder, are contingent on the approval of funds by the appropriating government agency. CONTRACTOR services and reimbursements beyond June 30, 2022, are subject to the inclusion of this project in the FCRTA FY 2022-23
Non-Allocation of Funds. 4 The terms of this Agreement and the services to be provided hereunder are contingent upon the 5 approval of funds by the appropriating government agency. Should sufficient funds not be 6 allocated, the services provided may be modified, or this Agreement terminated, at any time by 7 giving the ATTORNEY thirty (30) days advance written notice.
Non-Allocation of Funds. The terms of this MOU, and the services to be provided thereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this MOU terminated at any time by giving CHWP sixty (60) days advance written notice.
Non-Allocation of Funds. The terms of this Agreement, and the services to be provided thereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving the CONSULTANT thirty (30) days advance written notice. Breach of Contract ‑ FCERA may immediately suspend or terminate this Agreement in whole or in part, where in the determination of FCERA there is: An illegal or improper use of funds; A failure to comply with any term of this Agreement; A substantially incorrect or incomplete report submitted to FCERA; Improperly performed service. In no event shall any payment by FCERA constitute a waiver by FCERA of any breach of this Agreement or any default which may then exist on the part of the CONSULTANT. Neither shall such payment impair or prejudice any remedy available to FCERA with respect to the breach or default. FCERA shall have the right to demand of the CONSULTANT the repayment to FCERA of any funds disbursed to the CONSULTANT under this Agreement, which in the judgment of FCERA were not expended in accordance with the terms of this Agreement. CONSULTANT shall promptly refund any such funds upon demand.
Non-Allocation of Funds. The terms of this Agreement and the services to be provided hereunder are contingent upon the approval of funds by the appropriating government agency. In the event that funding from the applicable agency ceases or is decreased, authorization for funding is terminated, or subsequently enacted federal or state legislation, regulation, policy or procedure reduces or abolishes funding or otherwise renders performance of the provisions of the Agreement substantially more difficult, this Agreement may be terminated or modified by the parties hereto in writing. If the parties cannot reach an agreement regarding modifications which would permit performance under this Agreement to continue, the Agreement will automatically terminate. Each party shall give the other thirty (30) days advance written notice of its intention to terminate or modify the Agreement pursuant to this provision, specifying the date of termination. In the event of termination for non-allocation of funds, CONTRACTOR shall ensure an orderly transition of care for CLIENTS receiving services including, but not limited to, the transfer of CLIENTS' records. Under these circumstances, all invoices must be submitted to COUNTY prior to the final date for which funding is available.
Non-Allocation of Funds. Both parties’ obligations under this agreement are contingent on the approval of funds by the appropriating government agency or agencies. If sufficient funds are not allocated, then the County, upon 30 days advance written notice to the Consultant, may:
Non-Allocation of Funds. [If no periodic future payments are required under the Agreement, this clause may be omitted.] If funds are not allocated to District to continue this Agreement in any future period, District may terminate this Agreement by [seven (7) calendar days or other appropriate time period] written notice to Provider or work with Provider to arrive at a mutually acceptable resolution of the situation. District will not be obligated to pay any further charges for Services including the net remainder of agreed to consecutive periodic payments remaining unpaid beyond the end of the then-current period. District agrees to notify Provider in writing of such non-allocation at the earliest possible time. No penalty shall accrue to District in the event this section shall be exercised. This section shall not be construed to permit District to terminate this Agreement in order to acquire similar Services from a third party. Termination Procedure In addition to the procedures set forth below, if District terminates this Agreement, Provider shall follow any procedures District specifies in District’s Notice of Termination. Upon termination of this Agreement, District, in addition to any other rights provided in this Agreement, may require Provider to deliver to District any property or Work Product specifically produced or acquired for the performance of such part of this Agreement as has been terminated. The section titled Treatment of Assets shall apply in such property transfer. Unless otherwise provided herein, District shall pay to Provider the agreed-upon Price, if separately stated, for the Services received by District, provided that in no event shall District pay to Provider an amount greater than Provider would have been entitled to if this Agreement had not been terminated. Failure to agree with such determination shall be a dispute within the meaning of the Disputes section of this Agreement. District may withhold from any amounts due Provider such sum as District determines to be necessary to protect District from potential loss or liability. Provider shall pay amounts due District as the result of termination within thirty (30) calendar days of notice of the amounts due. If Provider fails to make timely payment, District may charge interest on the amounts due at one percent (1%) per month until paid in full.
