Nonappropriation of Funds. Seattle may terminate this Contract at any time without notice due to nonappropriation of funds, whether such funds are local, state or federal grants, and no such notice shall be required notwithstanding any notice requirements that may be agreed upon for other causes of termination.
Nonappropriation of Funds. During the term of this Contract, if the State or any federal government terminates or reduces it’s funding to County for services that are to be provided under this Contract, then County may elect to terminate this Contract by giving written notice of termination to Contractor effectively immediately or on such other date as County specifies in the notice. In the event that the term of this Contract extends into fiscal year subsequent to that in which it was approved by the County, continuation of the Contract is contingent on the appropriation of funds by the San Xxxx Obispo County Board of Supervisors or, if applicable, provision of State or Federal funding source. If County notifies Contractor in writing that the funds for this Contract have not been appropriated or provided, this Contract will terminate. In such an event, the County shall have no further liability to pay any funds to the Contractor or to furnish any other consideration under this Contract, and the Contractor shall not be obligated to perform any provisions of this Contract or to provide services intended to be funded pursuant to this Contract. If partial funds are appropriated or provided, the County shall have the option to either terminate this Contract with no liability to the County or offer a Contract amendment to the Contractor to reflect the reduced amount.
Nonappropriation of Funds. Upon thirty (30) days written notice delivered to the Contractor, this contract may be terminated in whole or in part at the sole discretion of SLCC, if SLCC reasonably determines that: (i) a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of this contract; or (ii) a change in available funds affects SLCC’s ability to pay under this contract. A change of available funds as used in this paragraph includes but is not limited to a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. If a written notice is delivered under this section, SLCC will reimburse Contractor for the goods properly ordered and/or services properly performed until the effective date of said notice. SLCC will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said written notice.
Nonappropriation of Funds. The Contractor acknowledges SUU cannot contract for the payment of funds not yet appropriated by the Utah State Legislature. If funding to SUU is reduced due to an order by the Legislature, Governor, Board of Regents, or is required by State law, or if federal funding (when applicable) is not provided, SUU may terminate this contract or proportionately reduce the services and purchase obligations and the amount due from SUU upon 30 days written notice. In the case that funds are not appropriated or are reduced, SUU will reimburse Contractor for products delivered or services performed through the date of cancellation or reduction, and SUU will not be liable for any future commitments, penalties, or liquidated damages.
Nonappropriation of Funds. In the event sufficient funds are not appropriated and budgeted by your governing body or are not otherwise available in any fiscal period for Lease Payments (or any other amount due hereunder) under a Schedule, and provided that you have exhausted all funds legally available for payment of the Lease Payments, then you shall immediately notify us of such occurrence and provide us with evidence of such non-appropriation acceptable to us (e.g., written certification by your legal counsel) and the Schedule shall terminate on the last day of the fiscal period for which funds for Lease Payments are available without penalty or expense to you of any kind whatsoever, except as to the portions of Lease Payments and those expenses associated with your surrender of the Equipment pursuant to Section 3 for which funds shall have been appropriated and budgeted or are otherwise available. Upon such termination, title to the Equipment shall vest with us. This Section 16 will not be construed so as to permit you to terminate any Schedule in order to acquire any other equipment or services or to allocate funds directly or indirectly to perform essentially the same application for which the Equipment is intended.
Nonappropriation of Funds. The City may terminate this Contract at any time without notice due to nonappropriation of funds, whether such funds are local, state or federal grants, and no such notice shall be required notwithstanding any notice requirements that may be agreed upon for other causes of termination.
Nonappropriation of Funds. The payment obligations of Purchaser under this Agreement shall constitute a current expense of Purchaser. Any non-substitution, notification, time limitation, or other provision in this Agreement restricting or limiting Purchaser’s right to terminate the Agreement upon a Nonappropriation Event (defined below) shall be enforceable only to the extent that such restriction or limitation is permitted by applicable law and would not cause Purchaser’s obligation to make payments under the Agreement to be deemed or construed as a debt of Purchaser in contravention of any constitutional, statutory or other legal requirement governing the creation of indebtedness by Purchaser. Nothing in this Agreement shall be deemed a pledge of general tax revenues, funds or monies of Purchaser. Notwithstanding anything contained in this Agreement to the contrary, if a Nonappropriation Event occurs, this Agreement shall automatically terminate on the last day of the fiscal period for which appropriations were received, without penalty or expense to Purchaser of any kind whatsoever, except as to the payments or portions thereof for which funds have been appropriated and budgeted. Seller may, immediately upon becoming aware of a Nonappropriation Event or upon Purchaser’s failure to make a payment under this Agreement as a result of a Nonappropriation Event, re-subscribe, sell, transfer, assign and convey to any third party the electrical energy comprising the Purchaser’s Percentage and any and all Net Energy Billing Credits and Environmental Attributes associated therewith without penalty or expense to Seller so long as any such re-subscription, sale, transfer, assignment, or conveyance has an effective date as of the automatic termination date, and Purchaser hereby agrees to reasonably cooperate with Seller to effectuate and evidence the termination of this Agreement, the interconnection agreement with the Utility, and any other contract or agreement contemplated herein. All obligations of Purchaser and Seller accruing prior to such automatic termination date will survive any such termination. “Nonappropriation Event” means the failure of the legislative body (as such term is used in 20-A M.R.S. §§ 2307 and 1481-A, et seq., as well as any successor provision) of the Purchaser to appropriate funds for the payment Purchaser’s obligations under this Agreement.
Nonappropriation of Funds. This contract shall be terminated without penalty upon the failure of the legislature or Common Council to appropriate funds necessary to carry out its terms.
Nonappropriation of Funds. The CONTRACTOR acknowledges that the State cannot contract for the payment of funds not yet appropriated by the Utah State Legislature. If funding to the State is reduced due to an order by the Legislature or the Governor, or is required by State law, or if federal funding (when applicable) is not provided, the State may terminate this contract or proportionately reduce the services and purchase obligations and the amount due from the State upon 30 days written notice. In the case that funds are not appropriated or are reduced, the State will reimburse CONTRACTOR for products delivered or services performed through the date of cancellation or reduction, and the State will not be liable for any future commitments, penalties, or liquidated damages.
Nonappropriation of Funds. The CONTRACTOR acknowledges that the State cannot contract for the payment of funds not yet appropriated by the Utah State Legislature. If funding to the State is reduced due to an order by the Legislature or the Governor, or is required by State law, or if federal funding (when applicable) is not provided, the State may terminate this contract or proportionately reduce the services and purchase obligations and the amount due from the State upon 30 days written notice. In the case that funds are not appropriated or are reduced, the State will reimburse CONTRACTOR for products delivered or services performed through the date of cancellation or reduction, and the State will not be liable for any future commitments, penalties, or liquidated damages.
