Subject to Appropriations. Notwithstanding any provision to the contrary, the Commission’s payments required under this Agreement are subject to the appropriation of sufficient funds by the Commission in accordance with I.C. 36-7-14.
Subject to Appropriations. No term or provision of this Agreement will constitute 3 or be construed as a commitment or a requirement that Interior obligate or pay funds in contravention of the Anti-Deficiency Act, 31 U.S.C. § 1341, or any other 4 applicable law or regulation. The expenditure or advance of any money or the performance of any obligation of the United States under this Agreement shall be 5 contingent upon appropriation, apportionment, or allotment of funds for such 6 obligation. No liability shall accrue to the United States with respect to the performance of such obligation in the event funds are not appropriated, 7 apportioned, or allotted for it.
Subject to Appropriations. All payments and other performances by the County and the Authority under this Agreement are subject to Board of Supervisors approval, Authority Board approval and annual appropriations by the Board of Supervisors. It is understood and agreed among the parties that the County and the Authority shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this Agreement. Under no circumstances shall the County’s or the Authority's total liability under this Agreement exceed the total amount of funds appropriated by the Board of Supervisors for the payments hereunder for the performance of this Agreement.
Subject to Appropriations. It is the intent of Lessor to meet all performance requirements hereunder for the full term of this agreement. However, in the event that sufficient funds are not appropriated by the Council of the City of Danville, Virginia; or, if appropriated, are not allocated or available; or, in the event the amounts due hereunder are to be paid with funds given to Lessor by another private or governmental entity, and such funds are not sufficient for continuation of this agreement during any fiscal year after Xxxxxx's first fiscal year; Lessor may, upon prior written notice to Lessee, terminate this Agreement in whole or in part. If Lessor terminates this Agreement in whole or in part pursuant to the provisions of this Section, Lessor shall not enter into any agreement on substantially similar terms with any new lease during the remainder of the fiscal year for which it lacked funds to continue performance. The provisions of this Section shall apply notwithstanding any other provision in this Agreement to the contrary.
Subject to Appropriations. 25.4.1 If funds are not appropriated or otherwise made available to MSA to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall terminate automatically as of the beginning of the fiscal year for which funds are not available; provided, however, that this will not affect either party’s rights under any termination clause in this Agreement. The effect of termination of the Agreement hereunder will be to discharge both the Contractor and the Owner from future performance of this Agreement, 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 costs incurred but not amortized in the price of this Agreement. The Owner shall notify the Contractor 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. Contractor may not recover anticipatory profits or costs incurred after termination.
Subject to Appropriations. All payments and other performances by the City and the Authority under this Grant Agreement are subject to approval by the City Council and annual or periodic appropriations therefor by the City Council. It is understood and agreed between the City, the Authority, and the Recipient that the City and the Authority shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purposes of performing this Grant Agreement. Under no circumstances shall the City’s total liability under this Grant Agreement exceed the total amount of the funds appropriated by the City Council for the City’s performance of this Grant Agreement.
Subject to Appropriations. All payments and other performance by the _________________ under this Contract are subject to annual appropriations by the _________________ Council; consequently, this Contract shall bind the _________________ only to the extent that the _________________ Council appropriates sufficient funds for the _________________ to perform its obligations hereunder.
Subject to Appropriations. All expenditures and other performance by the Grantee under this Grant Agreement are subject to appropriations by the city council of the Grantee. Consequently, this Grant Agreement shall bind the Grantee only to the extent that the City appropriates sufficient funds for the Grantee to perform its obligations hereunder.
Subject to Appropriations. The Parties recognize and acknowledge that the obligations of the County to make expenditures or incur any expense or financial liability under this Agreement are subject to annual appropriations by its BOL pursuant to the Laws of Westchester County. Therefore, this Agreement shall be deemed executory only to the extent of the monies appropriated and available. The County shall have no liability under this Agreement beyond funds appropriated and available, provided that the County Executive shall use commercially reasonable efforts to submit budget requests to the BOL consistent with the terms of this Agreement. The Parties understand and intend that the obligation of the County hereunder shall constitute a current expense of the County and shall not in any way be construed to be a debt of the County in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the County, nor shall anything contained in this Agreement constitute a pledge of the general tax revenues, funds or moneys of the County. The County shall pay amounts due under this Agreement exclusively from legally available funds appropriated for this purpose. To the extent any funds due from the County under this Agreement are insufficient in any year, the Manager shall have no obligation to fund such deficiency except as may be specifically set forth herein. In the event the County Executive has submitted budget requests to the BOL consistent with the preceding paragraph and the BOL has not approved such appropriation within one (1) year of such submission, then the Manager may draw down from the Capital Reserve an amount equal to that requested by the Manager.
Subject to Appropriations. 7.01 All obligations of VDOT and WATA under this Agreement are subject to appropriation and the legal availability of funding. Executed this ___ day of _____________, 2016. WILLIAMSBURG AREA TRANSIT AUTHORITY By: _______________________________________ Xxxxxxx X. Xxxxxx Xx. Interim Executive Director And VIRGINIA DEPARTMENT OF TRANSPORTATION
