Common use of Nonappropriation Clause in Contracts

Nonappropriation. In the event that sufficient County Funds shall not be budgeted and appropriated by the County prior to the beginning of any Renewal Term for the payment of the Base Rentals becoming due during such Renewal Term, and such Additional Rentals becoming due during such Renewal Term which can be determined with reasonable accuracy, then an Event of Nonappropriation shall be deemed to have occurred as of the first day of such Renewal Term and the County shall not be obligated to make payment of the Base Rentals or Additional Rentals provided for herein beyond the last day of the Renewal Term preceding such Event of Nonappropriation. Subject to the provisions of the next succeeding sentence, once the County has elected to continue this Lease for a Renewal Term by budgeting and appropriating sufficient County Funds for the payment of Base Rentals and Additional Rentals hereunder the County shall, as of the first day of such Renewal Term, be obligated to pay such Base Rentals and Additional Rentals during such Renewal Term. If the County fails to pay any Base Rentals or Additional Rentals due under this Lease, or upon an Event of Nonappropriation the County shall immediately quit and vacate the Project and its obligation to pay Base Rentals or Additional Rentals hereunder shall terminate. The Authority shall, upon the occurrence of an Event of Nonappropriation, have all rights and remedies to take possession of the Project as trustee for the benefit of the Bondholders and shall hold in trust for the Bondholders all moneys then on hand and being held in all funds created under the Master Resolution. All property, funds and rights acquired by the Authority by reason of an Event of Nonappropriation as provided herein shall be held by the Authority under the Master Resolution for the benefit of the Bondholders as set forth in said Master Resolution until the principal of, and premium, and interest, if any, on the Bonds are paid in full and any excess shall thereafter be paid to the County. The parties hereto agree that, upon the occurrence of an Event of Nonappropriation, the County shall immediately quit and vacate the Project. Section VI.7 Application of Base Rentals, Additional Rentals and Purchase Option Price . All Base Rentals, the Additional Rentals specified in subsections (a). (b), (c) and (d) of Section 6.3 hereof, and, if paid by the County, the Purchase Option Price shall be paid to the Authority for application in accordance with the Master Resolution.

Nonappropriation. In If, during the event that sufficient County Funds shall not be budgeted and appropriated by the County prior to the beginning of any Renewal then current Original Term for the payment of the Base Rentals becoming due during such or Renewal Term, and such Additional Rentals becoming due during such Renewal Term which can be determined with reasonable accuracysufficient funds are not appropriated to make Lease Payments required under a Supplement for the following fiscal year, then an Event of Nonappropriation Lessee shall be deemed to not have occurred as renewed such Supplement for the following fiscal year and the Supplement shall terminate at the end of the first day of such then current Original Term or Renewal Term and the County Lessee shall not be obligated to make payment Lease Payments under said Supplement beyond the then current fiscal year for which funds have been appropriated. Upon the occurrence of such nonappropriation (a “Nonappropriation Event”) Lessee shall, no later than the end of the Base Rentals or Additional Rentals provided fiscal year for herein beyond the last day which Lease Payments have been appropriated, deliver possession of the Renewal Term preceding such Event of NonappropriationProperty under said Supplement to Lessor. Subject If Xxxxxx fails to the provisions deliver possession of the next succeeding sentenceProperty to Lessor upon termination of said Supplement by reason of a Nonappropriation Event, once the County has elected to continue this Lease for a Renewal Term by budgeting and appropriating sufficient County Funds termination shall nevertheless be effective but Lessee shall be responsible for the payment of Base Rentals damages in an amount equal to the portion of Lease Payments thereafter coming due that is attributable to the number of days after the termination during which the Lessee fails to deliver possession and Additional Rentals hereunder for any other loss suffered by Lessor as a result of Lessee's failure to deliver possession as required. In the County shallevent of a Nonappropriation Event under a Supplement, as Lessee shall cease use of all software financed or acquired under the applicable Supplement and shall confirm and state in writing to Lessor that it has: (1) deleted or disabled all files and copies of the first day software from the equipment on which it was installed; (2) returned all software documentation, training manuals, and physical media on which the software was delivered; and (3) has no ability to use the returned software. Lessor may, by written instructions to any escrow agent who is holding proceeds of the Supplement, instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to Xxxxxx's obligations under the Supplement and this Agreement. Lessee shall notify Lessor in writing within seven (7) days after the failure of the Lessee to appropriate funds sufficient for the payment of the Lease Payments, but failure to provide such notice shall not operate to extend the Lease Term or result in any liability to Lessee. In the event of such Renewal Term, be obligated to pay such Base Rentals and Additional Rentals during such Renewal Term. If the County fails to pay any Base Rentals or Additional Rentals due under this Lease, or upon an Event of Nonappropriation the County shall immediately quit and vacate the Project and its obligation to pay Base Rentals or Additional Rentals hereunder shall terminate. The Authority shallnonappropriation, upon the occurrence request from Xxxxxx, Xxxxxx agrees to provide in a timely manner, written evidence of an Event of Nonappropriationsuch nonappropriation, have all rights and remedies to take possession a copy of the Project as trustee for the benefit of the Bondholders and shall hold fiscal year budget in trust for the Bondholders all moneys then on hand and being held in all funds created under the Master Resolution. All property, funds and rights acquired by the Authority by reason of an Event of Nonappropriation as provided herein shall be held by the Authority under the Master Resolution for the benefit of the Bondholders as set forth in said Master Resolution until the principal of, and premium, and interest, if any, on the Bonds are paid in full which such nonappropriation occurred and any excess shall thereafter be paid to the County. The parties hereto agree that, upon the occurrence of an Event of Nonappropriation, the County shall immediately quit and vacate the Project. Section VI.7 Application of Base Rentals, Additional Rentals and Purchase Option Price . All Base Rentals, the Additional Rentals specified in subsections (a). (b), (c) and (d) of Section 6.3 hereof, and, if paid other related documentation reasonably requested by the County, the Purchase Option Price shall be paid to the Authority for application in accordance with the Master ResolutionXxxxxx.

Nonappropriation. In If, during the event that sufficient County Funds shall not be budgeted and appropriated by the County prior to the beginning of any Renewal then current Original Term for the payment of the Base Rentals becoming due during such or Renewal Term, and such Additional Rentals becoming due during such Renewal Term which can be determined with reasonable accuracysufficient funds are not appropriated to make Lease Payments required under a Supplement for the following fiscal year, then an Event of Nonappropriation Lessee shall be deemed to not have occurred as renewed such Supplement for the following fiscal year and the Supplement shall terminate at the end of the first day of such then current Original Term or Renewal Term and the County Lessee shall not be obligated to make payment Lease Payments under said Supplement beyond the then current fiscal year for which funds have been appropriated. Upon the occurrence of such nonappropriation (a "Nonappropriation Event") Lessee shall, no later than the end of the Base Rentals or Additional Rentals provided fiscal year for herein beyond the last day which Lease Payments have been appropriated, deliver possession of the Renewal Term preceding such Event of NonappropriationProperty under said Supplement to Lessor. Subject If Lessee fails to the provisions deliver possession of the next succeeding sentenceIBM Credit LLC Lease/Purchase Master Agreement For State and Local Government Property to Lessor upon termination of said Supplement by reason of a Nonappropriation Event, once the County has elected to continue this Lease for a Renewal Term by budgeting and appropriating sufficient County Funds termination shall nevertheless be effective but Lessee shall be responsible for the payment of Base Rentals damages in an amount equal to the portion of Lease Payments thereafter coming due that is attributable to the number of days after the termination during which the Lessee fails to deliver possession and Additional Rentals hereunder for any other loss suffered by Lessor as a result of Lessee's failure to deliver possession as required. In the County shallevent of a Nonappropriation Event under a Supplement, as Lessee shall cease use of all software financed or acquired under the applicable Supplement and shall confirm and state in writing to Lessor that it has: (1) deleted or disabled all files and copies of the first day software from the equipment on which it was installed; (2) returned all software documentation, training manuals, and physical media on which the software was delivered; and (3) has no ability to use the returned software. Lessee shall also cease receipt and/or acceptance of any Property consisting of services which shall not have been performed by the service provider prior to the date of such Renewal TermNonappropriation Event. Lessor may, by written instructions to any escrow agent who is holding proceeds of the Supplement, instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be obligated credited to pay Lessee's obligations under the Supplement and this Agreement. Lessee shall notify Lessor in writing within seven (7) days after the failure of the Lessee to appropriate funds sufficient for the payment of the Lease Payments, but failure to provide such Base Rentals and Additional Rentals during notice shall not operate to extend the Lease Term or result in any liability to Lessee. In the event of such Renewal Term. If the County fails to pay any Base Rentals or Additional Rentals due under this Lease, or upon an Event of Nonappropriation the County shall immediately quit and vacate the Project and its obligation to pay Base Rentals or Additional Rentals hereunder shall terminate. The Authority shallnonappropriation, upon the occurrence request from Lessor, Lessee agrees to provide in a timely manner, written evidence of an Event of Nonappropriationsuch nonappropriation, have all rights and remedies to take possession a copy of the Project as trustee for the benefit of the Bondholders and shall hold fiscal year budget in trust for the Bondholders all moneys then on hand and being held in all funds created under the Master Resolution. All property, funds and rights acquired by the Authority by reason of an Event of Nonappropriation as provided herein shall be held by the Authority under the Master Resolution for the benefit of the Bondholders as set forth in said Master Resolution until the principal of, and premium, and interest, if any, on the Bonds are paid in full which such nonappropriation occurred and any excess shall thereafter be paid to the County. The parties hereto agree that, upon the occurrence of an Event of Nonappropriation, the County shall immediately quit and vacate the Project. Section VI.7 Application of Base Rentals, Additional Rentals and Purchase Option Price . All Base Rentals, the Additional Rentals specified in subsections (a). (b), (c) and (d) of Section 6.3 hereof, and, if paid other related documentation reasonably requested by the County, the Purchase Option Price shall be paid to the Authority for application in accordance with the Master ResolutionLessor.

Nonappropriation. If under state law Lessee is legally precluded from committing to make certain future rent payments due hereunder, this paragraph will apply. Lessee has appropriated the funds necessary to make all payments when due under the lease during Lessee’s initial fiscal period during the lease term. Lessee agrees that in each succeeding fiscal year during the term of this lease Lessee will take all necessary steps to make a timely appropriation of funds in order to pay the rent and other payments due hereunder during that period, subject to the annual appropriations limitation imposed upon Lessee under state law. In the event that sufficient County Funds shall despite the best efforts of Lessee, Lessee determines that funds for any amounts under this lease will not be budgeted and appropriated by the County available or cannot be obtained during any succeeding fiscal period, Lessee may terminate this Lease prior to the beginning commencement of any Renewal Term for the payment such succeeding fiscal period by giving written notice to Lessor of the Base Rentals becoming due during such Renewal Term, and such Additional Rentals becoming due during such Renewal Term which can be determined with reasonable accuracy, then an Event of Nonappropriation shall be deemed determination at least 60 days prior to have occurred as of the first day of such Renewal Term succeeding period for which an appropriation has not been made by Lessee and returning the County Equipment as contemplated in paragraph 10. The written notice of termination on the grounds of nonappropriation by Lessee shall include a certificate signed by a duly authorized officer of Lessee stating that such event of nonappropriation is not be obligated the result or related to make payment any intention by Lessee to, and Lessee shall not, acquire (or have the beneficial use of) items of property having functions similar to those of the Base Rentals Equipment or Additional Rentals provided which provide similar benefits to Lessee and that no other funds of Lessee have been, or shall be, appropriated for herein beyond such purpose during the subsequent fiscal period. Such failure to obtain proper appropriation of the full amount of funds necessary to pay amounts when due hereunder during any fiscal period subsequent to the current fiscal period shall terminate all of Lessee’s right, title, and interest in and to the Equipment and obligations under this lease arising out of subsequent events, effective on the later of the last day of the Renewal Term preceding such Event last fiscal period for which appropriation of Nonappropriation. Subject to the provisions funds was properly obtained or completion of the next succeeding sentence, once the County has elected to continue this Lease for a Renewal Term by budgeting and appropriating sufficient County Funds for the payment of Base Rentals and Additional Rentals hereunder the County shall, as of the first day of such Renewal Term, be obligated to pay such Base Rentals and Additional Rentals during such Renewal Term. If the County fails to pay any Base Rentals or Additional Rentals due under this Lease, or upon an Event of Nonappropriation the County shall immediately quit and vacate the Project and its obligation to pay Base Rentals or Additional Rentals hereunder shall terminate. The Authority shall, upon the occurrence of an Event of Nonappropriation, have all rights and remedies to take possession of the Project as trustee for the benefit of the Bondholders and shall hold in trust for the Bondholders all moneys then on hand and being held in all funds created under the Master Resolution. All property, funds and rights acquired by the Authority by reason of an Event of Nonappropriation as provided herein shall be held by the Authority under the Master Resolution for the benefit of the Bondholders as set forth in said Master Resolution until the principal of, and premium, and interest, if any, on the Bonds are paid in full and any excess shall thereafter be paid to the County. The parties hereto agree that, upon the occurrence of an Event of Nonappropriation, the County shall immediately quit and vacate the Project. Section VI.7 Application of Base Rentals, Additional Rentals and Purchase Option Price . All Base Rentals, the Additional Rentals specified in subsections (a). (b), (c) and (d) of Section 6.3 hereof, and, if paid by the County, the Purchase Option Price shall be paid to the Authority for application in accordance with the Master ResolutionLessee’s surrender obligations.

Nonappropriation. In the event that sufficient County Board Funds shall not be budgeted and appropriated by the County prior to Board, in a final budget adopted within the beginning of any Renewal Term time permitted by Section 4.1 hereof, for the payment of the (i) Base Rentals becoming due during such Renewal Term, and (ii) such Additional Rentals becoming due during such Renewal Term which can be determined with reasonable accuracy, then an Event of Nonappropriation shall be deemed to have occurred as of the first day of such Renewal Term and the County Board shall not be obligated to make payment of the Base Rentals or Additional Rentals provided for herein beyond the last day of the Renewal Term preceding such Event of Nonappropriation. Subject to the provisions of the next succeeding sentence, once the County Board has elected to continue this Master Lease for a Renewal Term by budgeting and appropriating sufficient County Board Funds for the payment of Base Rentals and Additional Rentals hereunder the County Board shall, as of the first day of such Renewal Term, be obligated to pay such Base Rentals and Additional Rentals during such Renewal Term. If the County Board fails to pay any Base Rentals or Additional Rentals due under this Master Lease, or upon an Event of Nonappropriation the County Board shall immediately quit and vacate the Project Projects and its obligation to pay Base Rentals or Additional Rentals hereunder shall terminate. The Authority Trustee shall, upon the occurrence of an Event of Nonappropriation, have all rights and remedies to take possession of the Project Projects as trustee for the benefit of the Bondholders of the Bonds and the Trustee shall hold in trust for the Bondholders be further entitled to all moneys then on hand and being held in all funds created under the Master ResolutionIndenture, less any moneys then due and owing to the Trustee for services performed as trustee thereunder. All property, funds and rights acquired by the Authority Trustee by reason of an Event of Nonappropriation as provided herein shall be held by the Authority Trustee under the Master Resolution Indenture for the benefit of the Bondholders as set forth in said Master Resolution Indenture until the principal of, and premium, and interest, if any, and interest on the Bonds are paid in full and other amounts payable under the Indenture are paid in full and other amounts payable under the Indenture are paid and any excess shall thereafter be paid to the County. The parties hereto agree that, upon the occurrence of an Event of Nonappropriation, the County shall immediately quit and vacate the Project. Section VI.7 Application of Base Rentals, Additional Rentals and Purchase Option Price . All Base Rentals, the Additional Rentals specified in subsections (a). (b), (c) and (d) of Section 6.3 hereof, and, if paid by the County, the Purchase Option Price shall be paid to the Authority for application in accordance with the Master ResolutionBoard.

Nonappropriation. (a) In the event that sufficient County Funds shall funds (i) are not be budgeted and appropriated by the County governing body of the Lessee prior to the beginning of any Renewal Term for the payment of the Base Rentals becoming due on the Base Rental Payment Dates and reasonably estimated Additional Rentals (determined as provided in Section 1013(c) of the Indenture) payable during such Renewal Term, and or (ii) are otherwise not legally available for such Additional Rentals becoming due during such Renewal Term which can be determined with reasonable accuracypurpose (other than amounts on deposit in funds held under the Indenture), then an Event of Nonappropriation shall be deemed to have occurred as occurred; provided, however, that (x) the Trustee shall declare an Event of Nonappropriation on any earlier date on which the Trustee receives an Officer’s Certificate from an Authorized Lessee Representative to the effect that the governing body of the first day Lessee has determined by official action not to renew the term of such the Lease for the next succeeding Renewal Term and (y) absent receipt of such Officer’s Certificate and if an Event of Nonappropriation has otherwise occurred as provided above in this Section 4.09, the County Trustee shall give written notice to the Lessee of any Event of Nonappropriation on or before June 10 next succeeding the expiration of the term of the Lease or such earlier date as the Trustee determines to be in the best interest of the Bondowners, but any failure of the Trustee to give such written notice to the Lessee will not prevent the Trustee from declaring an Event of Nonappropriation or from taking any remedial action that would otherwise be available to the Trustee hereunder or under the Indenture. An Event of Nonappropriation shall also be deemed to have occurred (subject to waiver by the Trustee as hereinafter described) if, during the Initial Term or any Renewal Term, any Additional Rentals shall become due which were not included in the Lessee’s final budget adopted by the governing body of the Lessee, or which exceed the amount included in such budget, and funds are not legally available (including funds legally available for such purpose under the Indenture) to the Lessee to pay such Additional Rentals by the earlier of June 15 of the then current Renewal Term or ninety (90) days after the date on which such Additional Rentals are due. The Trustee may waive any Event of Nonappropriation which is cured by the Lessee within a reasonable time if, in the Trustee’s judgment, such waiver is in the best interests of the owners of the Bonds; provided, however, that after June 15 of each year during the term of the Lease the Trustee shall not waive any Event of Nonappropriation which results from sufficient funds not being appropriated by the governing body of the Lessee for the payment of the Base Rentals that would be payable during the next succeeding Renewal Term unless the Trustee has reason to believe that appropriate officials of the Lessee are diligently pursuing appropriations by the governing body of the Lessee to pay such Base Rentals on a timely basis and that a delay in declaring an Event of Nonappropriation, under the circumstances, is in the best interests of the owners of the Bonds. If an Event of Nonappropriation shall occur, the Lessee shall not be obligated to make payment of the Base Rentals or Additional Rentals provided for herein beyond the last day of the Renewal Term preceding during which such Event of Nonappropriation. Subject to the provisions of the next succeeding sentenceNonappropriation occurs, once the County has elected to continue this Lease for a Renewal Term by budgeting and appropriating sufficient County Funds except for the payment of Base Rentals and Additional Rentals hereunder the County shall, as of the first day of such Renewal Term, be obligated to pay such Base Rentals and Additional Rentals during such Renewal Term. If the County fails to pay any Base Rentals or Additional Rentals due under this Lease, or upon an Event of Nonappropriation the County shall immediately quit and vacate the Project and its Lessee’s obligation to pay Base Rentals or Additional Rentals hereunder which are payable prior to the termination of the Lease; provided, however, that the Lessee shall terminatecontinue to be liable for the amounts payable pursuant to Section 4.04(a) hereof during such time when the Lessee continues to use, occupy and operate the Leased Property. The Authority Trustee shall, upon the occurrence of an Event of Nonappropriation, have all rights and remedies to take possession of the Project Leased Property as trustee for the benefit of the Bondholders owners of the Bonds and shall hold in trust for the Bondholders be further entitled to all moneys then on hand and being held in all funds and accounts created under the Master ResolutionIndenture. All property, funds and rights acquired by the Authority Trustee upon the termination of this Lease as to the Lessee’s possessory interests hereunder by reason of an Event of Nonappropriation as provided herein shall be held by the Authority Trustee under the Master Resolution Indenture for the benefit of the Bondholders owners of the Bonds as set forth in said Master Resolution the Indenture until the principal of, and premium, and interest, premium (if any) and interest on, on the Bonds are paid in full and any excess shall thereafter be paid to the County. The parties hereto agree that, upon Lessee as provided in Section 410 of the occurrence of an Event of Nonappropriation, the County shall immediately quit and vacate the Project. Section VI.7 Application of Base Rentals, Additional Rentals and Purchase Option Price . All Base Rentals, the Additional Rentals specified in subsections (a). (b), (c) and (d) of Section 6.3 hereof, and, if paid by the County, the Purchase Option Price shall be paid to the Authority for application in accordance with the Master ResolutionIndenture.