Article X, Section 20/XXXXX Sample Clauses

Article X, Section 20/XXXXX. The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ("XXXXX"). The Parties do not intend to violate the terms and requirements of XXXXX by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of XXXXX and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Xxxxx, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated.
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Article X, Section 20/XXXXX. The parties understand and acknowledge that Entity is subject to Article X, § 20 of the Colorado Constitution (“XXXXX”). The parties do not intend to violate the terms and requirements of XXXXX by the execution of this Contract. It is understood and agreed that this Contract does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of XXXXX and, therefore, notwithstanding anything in this Contract to the contrary, all payment obligations of Entity are expressly dependent and conditioned upon the continuing availability of funds beyond the term of Entity’s current fiscal period ending upon the next succeeding December 31. Financial obligations of Entity payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Entity, and other applicable law. Upon the failure to appropriate such funds, this Contract shall be terminated.
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Article X, Section 20/XXXXX. The parties understand and acknowledge that Avon is subject to Article X, Section 20 of the Colorado Constitution (“XXXXX”). The parties do not intend to violate the terms and requirements of XXXXX by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of XXXXX and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Avon are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Avon s current fiscal period ending upon the next succeeding December 31. Financial obligations of Avon payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. Xxxxx Xxxxxx Vice President, Finance, LGD February 21, 2020 Address for Notices: Address for Notices: Tyler Technologies, Inc. Town of Avon Xxx Xxxxx Xxxxx XX Xxx 000 Xxxxxxxx, XX 00000 Xxxx, XX 00000-0000 Attention: Chief Legal Officer Attention: Xxxxx Xxxxxx, Finance Director Exhibit A Exhibit A Investment Summary The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Exhibit A Exhibit B Exhibit B Invoicing and Payment Policy We will provide you with the software and services set forth in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the applicable license and services fees in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.
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Article X, Section 20/XXXXX. The Parties understand and acknowledge that the City is subject to Article X, § 20 of the Colorado Constitution ("XXXXX"). The City represents to Funding Recipient that it has budgeted and appropriated sufficient funding to meet its obligations provided in this Agreement and, without limitation, the City has appropriated and reserved the Funding Amount from its Open Space Fund to pay its obligation under this Agreement. If the Funding Recipient is a governmental entity subject to XXXXX and has any funding obligations under this Agreement, the Funding Recipient represents to the City that it has budgeted and appropriated sufficient funding to meet its obligations provided in this Agreement, if any. Therefore, the Parties acknowledge that the provisions of Article X, Section 20 of the Colorado Constitution are met. For any amounts not fully appropriated, the Parties do not intend to violate the terms and requirements of XXXXX by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of XXXXX and, therefore, all payment obligations of the Parties, if any, which are subject to XXXXX, are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Party’s current fiscal period.
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Article X, Section 20/XXXXX. The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution ("XXXXX"). The Parties do not intend to violate the terms and requirements of XXXXX by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of XXXXX and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town’s current fiscal period ending upon the next succeeding December
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Article X, Section 20/XXXXX. The City and LS Partners understand and acknowledge that the City is subject to Article X, § 20 of the Colorado Constitution (“XXXXX”). The City represents that it has or will have budgeted and appropriated sufficient funding to meet its obligations set forth in this Agreement. For any amounts not fully appropriated, the City does not intend to violate the terms and requirements of XXXXX by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of XXXXX and, therefore, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the Charter, and other applicable rules, regulations, ordinances and resolutions of the City, and any other applicable law. Notwithstanding anything contained herein to the contrary, the City hereby represents that it presently intends to appropriate any amounts required under this Agreement to the fullest extent permitted by the law; provided, however, that nothing in this Paragraph shall be construed as obligating the City council to appropriate as may be required herein in any fiscal year.
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Article X, Section 20/XXXXX. The Parties understand and acknowledge that each is subject to Article X, § 20 of the Colorado Constitution ("XXXXX"). The Parties represent to each other than each has budgeted and appropriated sufficient funding to meet its obligations provided in this Agreement and, without limitation, has appropriated and reserved the City Funding Amount or County Funding Amount, as the case may be, to pay its obligation under this Agreement. Therefore, the Parties acknowledge that the provisions of Article X, Section 20 of the Colorado Constitution are met. For any amounts not fully appropriated, the Parties do not intend to violate the terms and requirements of XXXXX by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi- fiscal year direct or indirect debt or obligation within the meaning of XXXXX and, therefore, all payment obligations of the Parties, if any, which are subject to XXXXX, are expressly dependent and conditioned upon the continuing availability of funds beyond the term of each of the Party’s current fiscal period.
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Article X, Section 20/XXXXX. The Parties understand and acknowledge that the County is subject to Article X, §20 of the Colorado Constitution (“XXXXX”). The Parties do not intend to violate the terms and requirements of XXXXX by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indicate debt or obligation within the meaning of XXXXX and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the County are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the County’s current fiscal period ending upon the next succeeding December 31. Financial obligations for the County payable after the current fiscal year are contingent upon the funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Gilpin County, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated.
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Article X, Section 20/XXXXX. The Parties understand and acknowledge that the County and the City are subject to Article X, § 20 of the Colorado Constitution (“XXXXX”). The Parties do not intend to violate the terms and requirements of XXXXX by the execution of this IGA. It is understood and agreed that this IGA does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of XXXXX and, therefore, notwithstanding anything in this IGA to the contrary, all payment obligations of the Parties are expressly dependent and conditioned upon the continuing availability of funds for such party beyond the term of the party’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the Parties payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the individual paying party and other applicable law. Upon the failure to appropriate such funds, this IGA shall be terminated. The Construction Contract for the Project shall not be awarded until each Party provides evidence of appropriation of the County Initial Contribution, the County Additional Contribution and the City Initial Contribution, respectively.
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Related to Article X, Section 20/XXXXX

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  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

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