Common use of Nonappropriation Clause in Contracts

Nonappropriation. Lessee is obligated only to pay periodic payments under this Agreement as may lawfully be made from funds budgeted and appropriated for the purpose during Xxxxxx’s then current Fiscal Year. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments following the then current Initial or Renewal Term, this Agreement shall be deemed terminated at the end of the then current Initial or Renewal Term. Lessee shall give notice to Lessor of any such failure not less than thirty (30) days prior to the termination of the then current Initial or Renewal Term, but failure to give such notice shall not extend the term beyond such Initial Term or Renewal Term. If this Agreement is terminated in accordance with this Section, Xxxxxx agrees peaceably to deliver the Equipment to Lessor at a location to be mutually agreed upon by the Lessor and the Lessee.

Appears in 5 contracts

Samples: Lease and Option to Purchase Agreement, Lease and Option to Purchase Agreement, Lease and Option to Purchase Agreement

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Nonappropriation. Lessee is obligated only to pay periodic payments under this Agreement as may lawfully be made from funds budgeted and appropriated for the purpose during XxxxxxLessee’s then current Fiscal Year. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments following the then current Initial or Renewal Term, this Agreement shall be deemed terminated at the end of the then current Initial or Renewal Term. Lessee shall give notice to Lessor of any such failure not less than thirty (30) days prior to the termination of the then current Initial or Renewal Term, but failure to give such notice shall not extend the term beyond such Initial Term or Renewal Term. If this Agreement is terminated in accordance with this Section, Xxxxxx Lessee agrees peaceably to deliver the Equipment to Lessor at a location to be mutually agreed upon by the Lessor and the Lessee.

Appears in 3 contracts

Samples: Lease and Option to Purchase Agreement, Lease and Option to Purchase Agreement, Lease and Option to Purchase Agreement

Nonappropriation. Lessee is obligated only to pay periodic payments under this Agreement as may lawfully be made from funds budgeted and appropriated for the purpose during Xxxxxx’s 's then current Fiscal Year. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments following the then current Initial or Renewal Term, this Agreement shall be deemed terminated at the end of the then current Initial or Renewal Term. Lessee shall give notice to Lessor of any such failure not less than thirty (30) days prior to the termination of the then current Initial or Renewal Term, but failure to give such notice shall not extend the term beyond such Initial Term or Renewal Term. If this Agreement is terminated in accordance with this Section, Xxxxxx agrees peaceably to deliver the Equipment to Lessor at a location to be mutually agreed upon by the Lessor and the Lessee.

Appears in 1 contract

Samples: Lease and Option to Purchase Agreement

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Nonappropriation. Lessee is obligated only to pay periodic payments under this Agreement such Rental Payments as may lawfully be made from funds budgeted and appropriated for the that purpose during Xxxxxx’s then current Fiscal Yearfiscal year. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments following the then current Initial Original Term or Renewal Term, this Agreement shall be deemed terminated at the end of the then current Initial Original Term or Renewal Term. Lessee shall give Xxxxxx agrees to deliver notice to Lessor of such termination promptly after any such failure not less than thirty (30) days prior decision to the termination of the then current Initial or Renewal Termnon-appropriate is made, but failure to give such notice shall not extend the term beyond such Initial Original Term or Renewal Term. If this Agreement is terminated in accordance with this Section, Xxxxxx agrees to cease use of the Equipment and peaceably to remove and deliver at Lessee’s expense the Equipment to Lessor at a location the location(s) to be mutually agreed upon specified by the Lessor and the LesseeLessor.

Appears in 1 contract

Samples: Equipment Lease/Purchase Agreement

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