Common use of Non-Funding Clause in Contracts

Non-Funding. The parties acknowledge that funds are not presently available for performance of this Agreement by CWC beyond 30 June 2019. CWC’s obligation for performance of this Agreement beyond that date is contingent upon funds being appropriated for payments due under this Agreement. If no funds or insufficient funds are appropriated and budgeted in a current or any succeeding fiscal year, or if there is a reduction in appropriations of CWC, due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this Agreement, then this Agreement shall create no obligation on CWC as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds were not budgeted and appropriated, or, in the event of a reduction in appropriations, on the last day before the reduction becomes effective (except as to those portions of payments herein then agreed upon for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Agreement and said termination shall be without penalty, additional payments, or other charges to CWC of any kind whatsoever, and no right of action for damages or other relief shall accrue to the benefit of Employee or her successors or assigns as to this Agreement, or any portion thereof, which may so terminate and become null and void. Notwithstanding the foregoing, however, upon any such non-funding, Employee may, at her option, elect to continue her employment hereunder without compensation until such time, if any, as funding becomes available, whereupon Employee’s compensation hereunder shall resume. If Employee elects not to continue her employment hereunder in connection with any such non- funding, then Employee shall be deemed to have been terminated without cause under section 9(b) above, whereupon CWC may pay Severance to Employee.

Non-Funding. The parties acknowledge that funds are not presently available for performance of this Agreement by CWC beyond 30 June 20192020. CWC’s obligation for performance of this Agreement beyond that date is contingent upon funds being appropriated for payments due under this Agreement. If no funds or insufficient funds are appropriated and budgeted in a current or any succeeding fiscal year, or if there is a reduction in appropriations of CWC, due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this Agreement, then this Agreement shall create no obligation on CWC as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds were not budgeted and appropriated, or, in the event of a reduction in appropriations, on the last day before the reduction becomes effective (except as to those portions of payments herein then agreed upon for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Agreement and said termination shall be without penalty, additional payments, or other charges to CWC of any kind whatsoever, and no right of action for damages or other relief shall accrue to the benefit of Employee or her his successors or assigns as to this Agreement, or any portion thereof, which may so terminate and become null and void. Notwithstanding the foregoing, however, upon any such non-funding, Employee may, at her his option, elect to continue her his employment hereunder without compensation until such time, if any, as funding becomes available, whereupon Employee’s compensation hereunder shall resume. If Employee elects not to continue her his employment hereunder in connection with any such non- funding, then Employee shall be deemed to have been terminated without cause under section 9(b) above, whereupon CWC may pay Severance to Employee.

Non-Funding. Each Party operates pursuant to a calendar year fiscal year. The parties Parties acknowledge that the obligation of either Party to perform as provided in this Amended Agreement is conditioned and dependent upon the appropriation of funds are not presently available required for performance any payment due hereunder or to finance the provision of any Service as provided in this Agreement by CWC beyond 30 June 2019Amended Agreement. CWCEach Party’s obligation for performance of this Agreement beyond that date is contingent upon funds being appropriated annually for payments due for the provision of the Services to be provided under this Amended Agreement. If no funds or insufficient funds are appropriated and budgeted in a current or any succeeding fiscal year, or if there is a reduction in appropriations of CWC, due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this AgreementAmended Agreement then, then unless the Parties mutually agree in writing to reduced Services and/or reduced payments that are in line with available and budgeted funding, this Amended Agreement shall create no obligation on CWC either Party as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds were are not budgeted and appropriated, appropriated or, in the event of a reduction in appropriationsappropriation, on the last day before the reduction becomes effective (except as to those reduced Service(s) and/or portions of payments herein then required to perform hereunder as agreed upon by the Parties for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Amended Agreement and said termination shall be without penalty, additional paymentspayment, or other charges to CWC charge of any kind whatsoeverwhatsoever to the Parties, and no right of or action for damages or other relief shall accrue to the benefit of Employee or her successors or assigns as the other Party to this Amended Agreement, or any portion thereof, which may so terminate and become null and void. Notwithstanding the foregoing, however, upon any such non-funding, Employee may, at her option, elect to continue her employment hereunder without compensation until such time, if any, as funding becomes available, whereupon Employee’s compensation hereunder shall resume. If Employee elects not to continue her employment hereunder in connection with any such non- funding, then Employee shall be deemed to have been terminated without cause under section 9(b) above, whereupon CWC may pay Severance to Employee.

Non-Funding. The parties acknowledge that funds are not presently available for performance of this Agreement by CWC Tenant beyond 30 June 2019. CWCTenant’s obligation for performance of this Agreement beyond that date (or beyond the end of any of Tenant’s future fiscal years within the term of this Agreement) is contingent upon funds being appropriated for payments due under this Agreement. If In the event that no funds or insufficient funds are appropriated and budgeted in a current or any succeeding fiscal year, or if in the event there is a reduction in appropriations of CWCTenant, due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this Agreement, then this Agreement shall create no obligation on CWC Tenant as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds were not budgeted and appropriated, or, in the event of a reduction in appropriations, on the last day before the reduction becomes effective (except as to those portions of payments herein then agreed upon for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Agreement and said termination shall be without penalty, additional payments, or other charges to CWC Tenant of any kind whatsoever, and no right of action for damages or other relief shall accrue to the benefit of Employee Landlord or her its successors or assigns as to this Agreement, or any portion thereof, which may so terminate and become null and void. Notwithstanding THE PARTIES have executed this Lease on the foregoingrespective dates set forth below, howeverto be effective as of the date first set forth above. LANDLORD: Fielding Group, upon any such non-fundingLLC, Employee maya Utah limited liability company By Xxxxx Xxxxxxx, at her option, elect to continue her employment hereunder without compensation until such time, if any, as funding becomes available, whereupon Employee’s compensation hereunder shall resume. If Employee elects not to continue her employment hereunder in connection with any such non- funding, then Employee shall be deemed to have been terminated without cause under section 9(b) above, whereupon CWC may pay Severance to Employee.Manager Date TENANT:

Non-Funding. The parties acknowledge that funds are not presently available for performance of this Agreement by CWC beyond 30 June 2019. CWC’s obligation for performance of this Agreement beyond that date is contingent upon funds being appropriated for payments due under this Agreement. If no funds or insufficient funds are appropriated and budgeted in a current or any succeeding fiscal year, or if there is a reduction in appropriations of CWC, due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this Agreement, then this Agreement shall create no obligation on CWC as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds were not budgeted and appropriated, or, in the event of a reduction in appropriations, on the last day before the reduction becomes effective (except as to those portions of payments herein then agreed upon for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Agreement and said termination shall be without penalty, additional payments, or other charges to CWC of any kind whatsoever, and no right of action for damages or other relief shall accrue to the benefit of Employee or her his successors or assigns as to this Agreement, or any portion thereof, which may so terminate and become null and void. Notwithstanding the foregoing, however, upon any such non-funding, Employee may, at her his option, elect to continue her his employment hereunder without compensation until such time, if any, as funding becomes available, whereupon Employee’s compensation hereunder shall resume. If Employee elects not to continue her his employment hereunder in connection with any such non- funding, then Employee shall be deemed to have been terminated without cause under section 9(b) above, whereupon CWC may pay Severance to Employee.

Non-Funding. The parties Parties acknowledge that funds are not presently available for performance the obligation of any Party to perform as provided in this Agreement by CWC beyond 30 June 2019is conditioned and dependent upon the appropriation of funds required for any payment due hereunder or to finance the provision of any Service as provided in this Agreement. CWCEach Party’s obligation for performance of this Agreement beyond that date is contingent upon funds being appropriated annually for payments due for the provision of the Services to be provided under this Agreement. If no funds or insufficient funds are appropriated and budgeted in a current or any succeeding fiscal year, or if there is a reduction in appropriations of CWC, due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this AgreementAgreement then, then unless the Parties mutually agree in writing to reduced Services and/or reduced payments that are in line with available and budgeted funding, this Agreement shall create no obligation on CWC the Parties or any Party as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds were are not budgeted and appropriated, appropriated or, in the event of a reduction in appropriationsappropriation, on the last day before the reduction becomes effective (except as to those reduced Service(s) and/or portions of payments herein then required to perform hereunder as agreed upon by the Parties for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Agreement and said termination shall be without penalty, additional paymentspayment, or other charges to CWC charge of any kind whatsoeverwhatsoever to the Parties, and no right of or action for damages or other relief shall accrue to the benefit of Employee or her successors or assigns as any Party to this Agreement, or any portion thereof, which may so terminate and become null and void. Notwithstanding the foregoing, however, upon any such non-funding, Employee may, at her option, elect to continue her employment hereunder without compensation until such time, if any, as funding becomes available, whereupon Employee’s compensation hereunder shall resume. If Employee elects not to continue her employment hereunder in connection with any such non- funding, then Employee shall be deemed to have been terminated without cause under section 9(b) above, whereupon CWC may pay Severance to Employee.

Non-Funding. Each Party operates pursuant to a calendar year fiscal year. The parties Parties acknowledge that the obligation of either Party to perform as provided in this Agreement is conditioned and dependent upon the appropriation of funds required for any payment due hereunder or to finance the provision of any Service as provided in this Agreement. Funds are not presently available for performance of this Agreement by CWC beyond 30 June 2019. CWC’s obligation for the performance of this Agreement beyond that date the end of each Party’s current fiscal year, which is December 31. Each Party’s obligation beyond the end of any calendar year during the term of this Agreement, including any renewal or extension thereof, may be contingent upon renewal or extension of this Agreement as provided above and is contingent upon funds being appropriated annually for payments due for the provision of the Services to be provided under this Agreement. If no funds or insufficient funds are appropriated and budgeted in a current or any succeeding fiscal year, or if there is a reduction in appropriations of CWC, due to insufficient revenue, resulting in insufficient funds for payments due or about to become due under this AgreementAgreement then, then unless the Parties mutually agree in writing to reduced Services and/or reduced payments that are in line with available and budgeted funding, this Agreement shall create no obligation on CWC either Party as to such fiscal year (or any succeeding fiscal year), but instead shall terminate and become null and void on the first day of the fiscal year for which funds were are not budgeted and appropriated, appropriated or, in the event of a reduction in appropriationsappropriation, on the last day before the reduction becomes effective (except as to those reduced Service(s) and/or portions of payments herein then required to perform hereunder as agreed upon by the Parties for which funds are appropriated and budgeted). Said termination shall not be construed as a breach of or default under this Agreement and said termination shall be without penalty, additional paymentspayment, or other charges to CWC charge of any kind whatsoeverwhatsoever to the Parties, and no right of or action for damages or other relief shall accrue to the benefit of Employee or her successors or assigns as the other Party to this Agreement, or any portion thereof, which may so terminate and become null and void. Notwithstanding the foregoing, however, upon any such non-funding, Employee may, at her option, elect to continue her employment hereunder without compensation until such time, if any, as funding becomes available, whereupon Employee’s compensation hereunder shall resume. If Employee elects not to continue her employment hereunder in connection with any such non- funding, then Employee shall be deemed to have been terminated without cause under section 9(b) above, whereupon CWC may pay Severance to Employee.