Effect of Funding Shortfalls Sample Clauses

Effect of Funding Shortfalls. If overall HCP/NCCP fee revenues fall short of expectations, such as if fewer Covered Activities are implemented than projected by the Plan and less HCP/NCCP fees are collected, the resulting shortfall in Plan funding could prevent or constrain the Permittees’ ability to fully implement the Yolo HCP/NCCP. As set forth in Chapter 8 (Section 8.4.4.3) of the Plan, if fee revenues do not keep pace with reserve system operation and management needs, the Permittees will consider various options in consultation with the Wildlife Agencies. Any shortfall in non-fee revenues, such as local, state or federal agency contributions, will be treated similarly, with the Conservancy first making reasonable adjustments to expenditures to reduce costs while continuing to meet Plan obligations. If such adjustments are inadequate, the Conservancy will consult with the Wildlife Agencies to determine the best course of action. In any circumstance where consultation occurs, the ultimate course of action will vary depending upon a full consideration of relevant factors. Such factors may include, but are not limited to, the rate of acquisition of reserve system lands or whether the amount and rate of Take is less than anticipated in the Plan. If it appears that the level of Authorized Take by the Permits will not be used during their term, substantially reducing HCP/NCCP fee revenues, the Parties anticipate that the Permittees will apply for an amendment to extend the Permits in accordance with Section 17.3, below, to allow the full use of Authorized Take and full implementation of the Yolo HCP/NCCP. Alternatively, the Permittees may apply for a Permit modification or amendment in accordance with Section 15 of this Agreement to reduce the amount of Authorized Take and related obligations in the Permits. Any such application will be treated as a request for a major amendment and processed in accordance with Chapter 7 of the Plan.
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Related to Effect of Funding Shortfalls

  • Reduction of Funding The Department must by law terminate this contract if funds are not appropriated or otherwise made available to support the Department's continuation of performance of this contract in a subsequent fiscal period. (18-4-313(4), MCA.) If state or federal government funds are not appropriated or otherwise made available through the Department budgeting process to support continued performance of this contract (whether at an initial contract payment level or any contract increases to that initial level) in subsequent fiscal periods, the Department shall terminate this contract as required by law. The Department shall provide Contractor the date the Department's termination shall take effect. The Department shall not be liable to Contractor for any payment that would have been payable had the contract not been terminated under this provision. As stated above, the Department shall be liable to Contractor only for the payment, or prorated portion of that payment, owed to Contractor up to the date the Department's termination takes effect. This is Contractor's sole remedy. The Department shall not be liable to Contractor for any other payments or damages arising from termination under this section, including but not limited to general, special, or consequential damages such as lost profits or revenues.

  • Payment of Funding 5.1 Payments will be made after written request to FFG in accordance with the following payment plan: 1st instalment after conclusion of the Funding Agreement EUR xx 2nd instalment after the end of the reporting period xx.xx.20xx EUR xx 3rd instalment after the end of the reporting period xx.xx.20xx EUR xx 4th instalment after the end of the reporting period xx.xx.20xx EUR xx Final instalment after final approval by FFG EUR xx

  • Limitation on Payment of Funding Despite section 4.1, the LHIN:

  • Availability of Funding This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the Participating Entities by NCTCOG dedicated for the purposes of this Agreement.

  • Replacement of Notes Upon receipt by the Company at the address and to the attention of the designated officer (all as specified in Section 18(iii)) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and

  • Duplication of Funding If Grantee receives any funding that is duplicative of funding received under this Grant Agreement that cannot be used for new or expanded eligible grant activities, Grantee will notify the assigned contract manager as soon as possible. System Agency may issue an amendment modifying budget and/or project activities to eliminate duplication. Additionally, Grantee understands that duplicative funding that cannot be re-programmed to support new or expanded grant--obligated from this Grant Agreement and returned to System Agency.

  • Adjustment of Funding (a) The LHIN may adjust the Funding in any of the following circumstances:

  • Amount of Funds; Application of Funds Lender may, at any time, collect and hold Funds in an amount up to, but not in excess of, the maximum amount a lender can require under RESPA. Lender will estimate the amount of Funds due in accordance with Applicable Law. The Funds will be held in an institution whose deposits are insured by a U.S. federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender will apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender may not charge Borrower for: (i) holding and applying the Funds; (ii) annually analyzing the escrow account; or (iii) verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless Lender and Borrower agree in writing or Applicable Law requires interest to be paid on the Funds, Lender will not be required to pay Borrower any interest or earnings on the Funds. Lender will give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.

  • Termination of Funding County may terminate this Contract in any fiscal year in that it is determined there is not sufficient funding. California Constitution Article XVI Section 18.

  • Loss of Funding Performance by University under this Agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (Legislature) and/or allocation of funds by the Board of Regents of The University of Texas System (Board). If Legislature fails to appropriate or allot necessary funds, or Board fails to allocate necessary funds, then University will issue written notice to Contractor and University may terminate this Agreement without further duty or obligation. Contractor acknowledges that appropriation, allotment, and allocation of funds are beyond University’s control.

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