Non-availability of Funding. If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State’s rights or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.
Non-availability of Funding. If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of a TOA or SWO under this Contract succeeding the first fiscal period, the TOA or SWO shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State’s rights or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the TOA or SWO will be to discharge both the Contractor and the State from future performance of the TOA or SWO, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the TOA or SWO. The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of TOA or SWO for each succeeding fiscal period beyond the first.
Non-availability of Funding. If the General Assembly fails to appropriate funds or if funds are not otherwise made available for the continued performance for any fiscal period of the MHBE operations, this Agreement shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the MHBE’s rights or the Carrier’s rights under any termination clause in this Agreement. The effect of termination of the Agreement hereunder will be to discharge both the Carrier and the MHBE from future performance of the Agreement, but not from their rights and obligations existing at the time of termination. The MHBE shall notify the Carrier as soon as it has knowledge that funds may not be available for the continuation of this Agreement for each succeeding fiscal period beyond the first.
Non-availability of Funding. Notwithstanding any other provision of this agreement, in the event that either of the sources of funding for reimbursement under this agreement (appropriations from the General Assembly of the State of Georgia or the Congress of the United States of America) no longer exist, in the event, the sum of all obligations of XXXX/HS incurred under this and all otheragreements entered into for this program exceeds the balance of such funding, then this agreement shall immediately terminate without further obligation of XXXX/HS. The certification by the Director of XXXX/HS of the occurrence of either of the events stated above shall be conclusive. IN WITNESS WHEREOF, the GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY and Augusta Fire Department have executed this Agreement: GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY SUBRECIPIENT Signature Signature, Authorizing or Highest Official Xxxxxx Xxxxxxxx, Deputy Director of Homeland Security Printed Name and Title of Signatory Printed Name and Title of Signatory 10 / 08 / 2022 / / Date of Signature Date of Signature 00-0000000 Agency XXXX (XX-XXXXXXX)
Non-availability of Funding. 8.1 If State or federal funds are not appropriated or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, the State, at its sole discretion, may cancel the Contract as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State's rights or the Contractor's rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring cost incurred but not amortized in the price of the Contract. The Department will give the Contractor thirty (30) days notice in the event the Department does not receive the funds to pay for the total cost of the services provided under this Contract.
Non-availability of Funding. 1. If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance of the Contract for any fiscal period of the Contract succeeding the first fiscal period, the Contract shall be automatically canceled as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, this shall not affect either the Department’s rights or the Contractor’s rights under any termination clause in the Contract. The effect of termination of the Contract shall be to discharge both the Contractor and the Department from future performance of the Contract, but not from their obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the services delivered under the Contract. The Department shall notify the Contractor within 90 days prior to the commencement of each fiscal period succeeding the first fiscal period, or as soon thereafter as the Department has knowledge that the funds are not available for the continuation of the Contract for such succeeding fiscal period.
Non-availability of Funding. This Agreement shall be subject to available funding and nothing in this Agreement shall bind the local, state or federal agencies to expenditures in excess of funds authorized and appropriated for the purposes outlined in the Agreement. Stipulation 6. Confidentiality Maintaining confidentiality of certain historic information is allowed under Section 304 of the National Historic Preservation Act. Therefore, the nature and location of certain historic properties discussed in the Agreement shall be maintained per 36 CFR Part 800.11(c). Stipulation 7. Unanticipated Discoveries
Non-availability of Funding. If the Maryland General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal year of this Purchase Order succeeding the first fiscal year, this Purchase Order shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the AOC’s rights or the Contractor’s rights under any termination clause in the Purchase Order. The effect of termination of the Purchase Order hereunder will be to discharge both the Contractor and the AOC from future performance of the Purchase Order but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any agreed upon non- recurring costs incurred but not amortized in the price of the Purchase Order. The AOC shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Purchase Order for each succeeding fiscal period beyond the first.
Non-availability of Funding. If the Maryland General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal year of this Contract succeeding the first fiscal year, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the AOC’s rights or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the AOC from future performance of the Contract but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any agreed upon non-recurring costs incurred but not amortized in the price of the Contract. The AOC shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.
Non-availability of Funding. The parties acknowledge and agree that the County's performance of its obligations under this Agreement following the initial five-year term hereof is subject to the continuing availability of funds for the County's performance of its obligations during the term hereof. This Agreement may be terminated by County upon a loss or reduction of applicable funding sources.
