Termination Due to Lack of Funding. The Board is a governmental entity that is entirely dependent upon the State of Maryland and the local government to provide funding. This Agreement is subject to the availability and appropriation of funds as determined by the Board at its sole discretion. Should there not be sufficient funds to continue this Agreement; the Board may terminate this Agreement, without any liability, with three (3) days written notice to the Consultant, which shall be known as the effective date of termination. Consultant will be compensated for actual services provided up to the effective date of the termination provided that such services were rendered in accordance with the provisions of this Agreement. Consultant shall not be entitled to anticipatory profits, consequential damages, or any other type of damage or cost.
Termination Due to Lack of Funding. In the event funding from the Authority, federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this agreement and prior to normal completion, the Authority may terminate the agreement, reduce funding, or re-negotiate subject to those new funding conditions.
Termination Due to Lack of Funding. This Agreement is subject to the condition precedents that: (i) Village funds are available, appropriated and budgeted, for the Services annually for each year of the Term; (ii) the Village secures and obtains any necessary proceeds, grants or loans for the accomplishment of the Services pursuant to any borrowing legislation adopted by the Village Commission relative to the Services; and (iii) the Village Commission enacts legislation or other necessary resolutions, which awards and authorizes the execution of this Agreement and the annual appropriation and budgeting for the Services. The Village represents to Consultant that the Village has adopted a resolution authorizing execution of this Agreement, if required by applicable law.
Termination Due to Lack of Funding. If sufficient funds are not appropriated by the Federal government to continue the reimbursement claimed by an institution participating in the CACFP, NDE may terminate the agreement immediately, without advance notice. If possible, NDE will attempt to notify the institution participating in the CACFP in writing by regular mail at least 30 days before the termination becomes effective.
Termination Due to Lack of Funding. LESSOR and LESSEE acknowledge that both Parties are political subdivisions of the Commonwealth of Massachusetts established pursuant to law and that they are funded in large part through Federal, state and local monies. Notwithstanding any other provision in this Lease, both Parties shall have the right, exercised in each Party’s discretion, to terminate this Lease on less than one year’s notice, but not less than forty-five (45) days’ notice, by written notice to the other in the event a lack of governmental funding makes it impossible for the terminating Party to perform its Lease obligations for a full year prior to termination. The termination notice shall include documentation of the funding insufficiency. ARTICLE THREE
Termination Due to Lack of Funding. In the event funding from the state, federal, match, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion, the Department may terminate the Agreement, reduce funding, or re-negotiate subject to those new funding conditions. If the Agreement is terminated, reduced, or re-negotiated for withdrawal or reduction of match funds, the Grantee shall be entitled to compensation of no more than 60% of total costs of the project, as approved by the Department for cost eligibility. The Grantee shall reimburse the Department for all unspent grant funds advanced to the Grantee for project expenses above the final total approved for project cost or above the renegotiated quarterly payment plan; whichever best applies to the current status of the project. The Grantee shall also reimburse the Department for expenses using grant funds during the course of the project that do not meet eligibility requirements. Eligibility requirements include but are not limited to the required match for all grant funds spent by the Grantee. The Grantee must ensure that grant funds expended during the project do not exceed the limit of total project cost.
Termination Due to Lack of Funding. The City may terminate all or a portion of the work covered by this Agreement immediately upon written notice if the City fails to receive funding or expenditure authority at levels sufficient to pay for the work and services under this Agreement.
Termination Due to Lack of Funding. In the event that Owner does not receive, or does not reasonably anticipate receiving, sufficient funding for continued operation of the Course through special tax revenues or otherwise, and Owner determines that it must consequently close or sell the Course to an unrelated bona fide third party purchaser due to such lack of funding, Owner may terminate this Agreement upon at least ninety (90) days advance written notice to KSM prior to such closure or sale; provided, however, that the Course must then be closed or sold as anticipated. If the Course is closed but not sold, it shall remain closed for at least three (3) years (or less, if the CSA can demonstrate a change in circumstances that would allow sufficient funding for re-opening of the Course). In the event of a change in circumstances allowing for a re-opening of the Course by Owner within the three (3) years after termination of this Agreement pursuant to this Section 13.2, Owner shall offer to enter into a new contract with KSM on the same terms and conditions as stated herein for a Term of at least the amount remaining on the Term of this Agreement when it was terminated pursuant to this Section 13.2. For purposes of this Section, the Wild Wings Home Owners Association (the “HOA”) shall not be considered a related party and any future sale to the HOA would be considered a sale to an unrelated bona fide third party purchaser.
Termination Due to Lack of Funding. Each Party acknowledges that both Parties are political subdivisions of the Commonwealth of Massachusetts established pursuant to law and that they are funded in large part through Federal, state, and local monies. The maximum extent of each Town's financial liability in connection with this Agreement shall not exceed the amount validly appropriated by, or available to, each said Town for said purposes. Notwithstanding any other provision in this Agreement, both Parties shall have the right, exercised in each Party’s discretion, to terminate this Agreement on less than one year’s notice, but not less than forty-five (45) days’ notice, by written notice to the other in the event a lack of appropriation makes it impossible for the terminating Party to perform its obligations under the Agreement. The termination notice shall include documentation of the funding insufficiency.
Termination Due to Lack of Funding. If Multi-Year Funding is specified for this project, and should additional funding NOT be appropriated, the Owner shall pay the Design-Build Firm for all work performed up to the approved appropriation for the work completed. The Design-Build Firm is not entitled and shall not be paid additional compensation for termination due to additional funding not being approved. If DESIGN-BUILD FIRM stops work as a result of the OWNER’s lack of sufficient funding to pay for the remaining work and after OWNER obtains additional funding DESIGN-BUILD FIRM is directed to recommence work, then DESIGN-BUILD FIRM shall be entitled to a Change Order for all cost and damage incurred as a result of the work stoppage and remobilization, along with a time extension.
