Non-Availability of Funds. Every payment obligation of the State under this Charter is conditioned upon the availability of funds continuing to be appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Charter, the Commission may terminate this Charter at the end of the period for which funds are available. No liability shall accrue to the Commission, nor the State, or any of its subdivisions, departments or divisions, in the event this provision is exercised, and neither the Commission nor the State shall be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.
Non-Availability of Funds. Every payment obligation of the Board under this Grant Award Contract is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Grant Award Contract, this Grant Award Contract may be terminated by the Board at the end of the period for which funds are available. No liability shall accrue to the Board in the event this provision is exercised, and the Board shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.
Non-Availability of Funds. Every obligation of the Parties under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the Parties at the end of the period for which the funds are available. No liability shall accrue to the Parties in the event this provision is exercised, and the Parties shall not be obligated or liable for any future payments as a result of termination under this paragraph.
Non-Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor.
Non-Availability of Funds. If the Agent shall determine that, by reason of circumstances affecting the London Interbank Eurodollar Market generally, adequate and reasonable means do not or will not exist for ascertaining the Applicable Rate for any Interest Period, the Agent shall give notice of such determination to the Borrower. The Borrower and the Lenders shall then negotiate in good faith in order to agree upon a mutually agreeable basis for funding the Advance or Advances in question, and/or for determining the interest rate and/or Interest Period(s) to be substituted for those which would otherwise have applied under this Agreement. If the Borrower and the Lenders are unable to agree upon such a substituted funding base, interest rate and/or Interest Period(s) within thirty (30) days of the giving of such notice, the Borrower shall repay the Credit Facility, or the relevant portion thereof, as the case may be, to the Lenders immediately; provided, however, that if the Borrower fails to make such repayment, the Lenders shall determine a funding basis, set an interest rate and/or set an Interest Period(s), as the case may be, all to take effect from the expiration of the relevant Interest Period(s) in effect at the date of said determination notice, which rate shall be equal to the aggregate of the Margin and the cost to the Lenders of funding the relevant Advance or Advances.
Non-Availability of Funds. Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of the Agreement, this Agreement may be terminated by the State at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. In the event the State has to terminate this Agreement because the funds are not available, if such were to occur after Ak-Chin has transferred Long-Term Storage Credits and did not receive payment for such, AWBA shall transfer and assign back to Ak-Chin the number of credits affected by any such lack of funds transfer. AWBA's obligation to refund any credits under this Agreement shall be completed thirty (30) calendar days after AWBA receives notification that such funds are not available.
Non-Availability of Funds. If the Florida Legislature fails to appropriate or authorize the expenditure of sufficient funds to provide for the continuation of this Contract or if a lawful order issued in or for any fiscal year during the Term of this Contract reduces the funds appropriated or authorized in such amounts as to preclude making the payments set out herein, this Contract shall terminate on the date said funds are no longer available without any termination charges or other liability incurring to DOE. DOE shall provide Hotel with notice not less than thirty (30) days prior to the date of cancellation, if such time is available. Otherwise, prompt notice will suffice.
Non-Availability of Funds. Every payment obligation of the State under this Contract is conditioned upon the availability of funds continuing to be appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Contract, the COMMISSION may terminate this Contract at the end of the period for which funds are available. No liability shall accrue to the COMMISSION or the State in the event this provision is exercised, and neither the COMMISSION nor the State shall be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. GOVERNING BODY of CHARTER SCHOOL NAME Executed this day of 20_ . By Charter Representative(s): _ _ [NAME], President. _ _ [NAME, Title.] NEW MEXICO PUBLIC EDUCATION COMMISSION Executed this day of 20_ . _ _ [NAME], Chair. Charter Contract ATTACHMENTS Attachment A PEC Charter Performance Review and Accountability System Introduction Performance Review and Accountability System Objectives Annual Performance Review Activities Performance Framework Intervention Ladder Charter Renewal Appendix A: Academic, Organizational, and Financial Performance Framework Academic Performance Framework Mission Specific Goal(s) Organizational Performance Framework Financial Performance Framework Appendix B: Summary of Site Visit Protocol Appendix C: Glossary of Terms Attachment B Governing Body’s Bylaws Attachment C Governing Body Certifications of Legal Obligations and Commitments Attachment D Supporting Documents for Board of Finance Designation Attachment E School Business Official License and State Certification for Designated Procurement Officer Attachment F Agreement(s) with Non-Profit Foundation Attachment G Non-Profit Foundation’s Members, Director and Each Member’s Signed Conflict of Interest Disclosure Attachment H Agreement(s) with Other Third Parties Attachment I Waivers Attachment J Lease(s) or Lease Purchase Agreement(s), With Amendments For All School Facilities, E-Occupancy, Proof of Maximum Building Capacity, and PSFA NMCI Score Attachment K School Insurance Requirements - Types, Limits and Deductibles Attachment L School’s Enrollment Policies and Procedures NOTES TO DELETE
Non-Availability of Funds. Grantor shall not be obligated to disburse any Grant Funds under this Agreement unless and until the bond cash proceeds identified for allocation to the Project (as further specified in the Funding Certification attached to this Agreement) are released by the State Treasurer’s Office to Grantor for expenditure for this grant. Despite any contrary provision of this Agreement, no request for disbursement submitted prior to the release of such bond cash proceeds to Grantor shall be effective.
Non-Availability of Funds. Notwithstanding any other provisions of this agreement, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the Federal government or of the State of Iowa to appropriate funds or through discontinuance or material alteration of the program under which funds were provided, then the University shall have the right to terminate this agreement without penalty by giving not less than thirty (30) days written notice documenting lack of funding.