Common use of Subject to Funding Clause in Contracts

Subject to Funding. To the extent that the University is: (1) obligated to perform under this Agreement, (2) obligated to make any payments under this Agreement, or (3) deemed liable under this Agreement, the University’s ability to satisfy such obligations or liabilities, particularly any obligations requiring the payment of any amount of monies, is limited to that which is permitted by law and is subject to the condition that funds are properly appropriated, allotted, or otherwise properly made available for the purpose of satisfying such obligations or liabilities. Notwithstanding anything to the contrary contained in this Agreement, this provision shall apply to and qualify each and every obligation of the University to perform under this Agreement, including, without limitation, any obligation of the University to pay or reimburse the Affiliate for any work performed by the Affiliate due to the University’s failure or refusal to perform under this Agreement. University limitations qualify all obligations. The University and the Affiliate acknowledge and agree that sections E.2.a (University responsibility), E.2.b (University cannot indemnify or be responsible for others), and E.2.c (Subject to funding) are hereafter collectively the “University Limitations.” Notwithstanding and superseding anything to the contrary contained in this Agreement (and any exhibits attached to this Agreement), any and all obligations, duties, responsibilities, and liabilities of the University under this Agreement (including, without limitation, the University’s obligations to comply with any of the policies, practices, procedures, rules, regulations, and guidelines adopted or implemented by the Affiliate) are expressly subject to and limited by the University Limitations set forth and defined in this section E.2.d (University limitations qualify all obligations) of this Agreement.