Common use of NON APPROPRIATION OF FUNDS Clause in Contracts

NON APPROPRIATION OF FUNDS. CONTRACTOR acknowledges that DISTRICT cannot contract for the payment of funds not yet appropriated by the Utah State Legislature, Utah State Board of Education or Board of Education of Xxxxx School District (BOARD). If the DISTRICT becomes subjected to a legislative change, revocation of statuary authority, lack of appropriated funds or availability of funds which would render CONTRACTOR's delivery or performance under the contract impossible, or unnecessary, this contract will be terminated, either in whole or in part. If funding to DISTRICT is reduced due to an order by the Legislature or Governor, or is required by State law, or if federal funding (when applicable) is not provided, or requires any return or "give-back" of funds required for DISTRICT to continue payments, or if the BOARD mandates any cuts or holdbacks in spending, DISTRICT may terminate this contract or proportionately reduce the services and purchases of obligations and the amount due from DISTRICT upon 30 days written notice. Where funding is controlled entirely by DISTRICT, before discontinuing funding, DISTRICT, at its discretion, will make efforts to; 1) identify other goods/services that perform substantially the same functions; 2) identify if any funding is available through a reallocation or reprogramming of other appropriated or non-appropriated funds, and 3) make its best efforts to request and secure such funds from the appropriate entities (collectively, a "Non-Appropriation"). If a Non-Appropriation occurs, DISTRICT shall remit all amounts due to CONTRACTOR through the date of termination. DISTRICT shall not be in default under this contract for nonpayment and will not be liable for any future commitments, penalties, or liquidated damages.

NON APPROPRIATION OF FUNDS. CONTRACTOR acknowledges that the DISTRICT cannot contract for the payment of funds not yet appropriated by the Utah State Legislature, Utah State Board of Education or District Board of Education of Xxxxx School District (BOARD). If the DISTRICT becomes subjected to a legislative change, revocation of statuary statutory authority, lack of appropriated funds or availability of funds which would render CONTRACTOR's ’S delivery or performance under the contract impossible, or unnecessary, this contract will be terminated, either in whole or in part. If funding to DISTRICT is reduced due to an order by the Legislature or Governor, or is required by State lawLaw, or if federal funding (when applicable) is not provided, or requires required any return or "“give-back" ” of funds required for DISTRICT to continue payments, or if the BOARD mandates any cuts or holdbacks in spending, DISTRICT may terminate this contract or proportionately reduce the services and purchases of obligations and the amount due from the DISTRICT upon 30 days written notice. Where funding is controlled entirely by DISTRICT, before discontinuing funding, DISTRICT, at its discretion, will make efforts to; 1a) identify other goods/services that perform substantially the same functions; 2b) identify if any funding is available through a reallocation or reprogramming of other appropriated or non-appropriated funds, and 3c) make its best efforts to request and secure such funds from the appropriate entities (collectively, a "“Non-Appropriation"”). If a Non-Appropriation occurs, DISTRICT shall remit all amounts due to CONTRACTOR through the date of termination. DISTRICT shall not be in default under this contract for nonpayment and will not be liable for any future commitments, penalties, or liquidated damages.

NON APPROPRIATION OF FUNDS. CONTRACTOR acknowledges that DISTRICT cannot contract for the payment of funds not yet appropriated by the Utah State Legislature, Utah State Board of Education or District Board of Education of Xxxxx School District (BOARD). If the DISTRICT becomes subjected to a legislative change, revocation of statuary authority, lack of appropriated funds or availability of funds which would render CONTRACTOR's ’S delivery or performance under the contract impossible, or unnecessary, this contract will be terminated, either in whole or in part. If funding to DISTRICT is reduced due to an order by the Legislature or Governor, or is required by State law, or if federal funding (when applicable) is not provided, or requires any return or "“give-back" ” of funds required for DISTRICT to continue payments, or if the BOARD mandates any cuts or holdbacks in spending, DISTRICT may terminate this contract or proportionately reduce the services and purchases of obligations and the amount due from DISTRICT upon 30 days written notice. Where funding is controlled entirely by DISTRICT, before discontinuing funding, DISTRICT, at its discretion, will make efforts to; 1a) identify other goods/services that perform substantially the same functions; 2b) identify if any funding is available through a reallocation or reprogramming of other appropriated or non-appropriated non -appropriated funds, and 3c) make its best efforts to request and secure such funds from the appropriate entities (collectively, a "Non-“Non- Appropriation"”). If a Non-Appropriation Non -Appropriation occurs, DISTRICT shall remit all amounts due to CONTRACTOR through the date of termination. DISTRICT shall not be in default under this contract for nonpayment and will not be liable for any future commitments, penalties, or liquidated damages.