Unavailability of Funding. Due to possible future reductions in state and/or federal appropriations, the College cannot guarantee the continued availability of funding for this Contract beyond the current fiscal year. In the event funds to finance this Contract become unavailable either in full or in part due to reductions in appropriations for a future fiscal year, the College may terminate the Contract or reduce the consideration by notice in writing to the Contractor. The notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The College shall be the final authority as to the availability of funds. The effective date of Contract termination or reduction in consideration shall be the actual effective date of the elimination or reduction of appropriations. In the event of a reduction in consideration, the Contractor may cancel this Contract as of the effective date of the proposed reduction by written notice to the College.
Unavailability of Funding. The County may, at its sole discretion, terminate or reduce the scope of the Contract if available funding is eliminated or reduced for any reason.
Unavailability of Funding. Neither Party can guarantee the continued availability of funding for this project, notwithstanding the consideration herein. In the event funds to finance reduce the contract consideration upon notice in writing to the other Party. Each Party retains absolute discretion as to whether its funding is available.
Unavailability of Funding. If funding for the PROMISE JOBS activities included in a participant’s FIA or required supportive payments are not available, the participant’s FIA shall be renegotiated to include different activities.
Unavailability of Funding. The City may, at its sole discretion, terminate or reduce the scope of the Contract if available funding is eliminated or reduced for any reason.
Unavailability of Funding. The Department may, at its sole discretion, terminate or reduce the scope of the Contract if available funding is eliminated or reduced for any reason.
Unavailability of Funding. Due to possible future reductions in State and/or Federal funds, University cannot guarantee the continued availability of funding of this Agreement notwithstanding the consideration contained within this Agreement. In the event funds to finance this Agreement become unavailable, either in full or in part, due to such reductions, University may terminate the Agreement or reduce the consideration upon notice in writing to Supplier. Said notice shall be delivered by certified mail (return receipt requested) or in person (with proof of delivery). University shall be the final authority as to the availability of funds. The effective date of such Agreement, termination, or reduction in consideration shall be the actual effective date of the elimination or reduction of funding. In the event of a reduction in consideration, Supplier may cancel this Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to University. Supplier shall be entitled to receive just and equitable compensation for any satisfactory work performed up to the date of the notice of termination. In the event of unavailability of funding, the University shall not be liable for any penalty, expense, or liability, or for general, special, incidental, consequential, or other damages resulting therefrom.
Unavailability of Funding. Every payment or financial obligation of the parties under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by any party at the end of the period for which funds are available. No liability shall accrue to any party in the event this provision is exercised, and neither the OMH nor Agency shall be obligated or liable for any future payments now for any damages as a result of termination under this paragraph.
Unavailability of Funding. Tensar hereby agrees that the obligation of TCO to provide the Facility shall be subject to the ability of TCO to obtain funding to enable it to satisfy its obligations hereunder, and that if TCO at any time determines that it is unable to obtain such funding on terms acceptable to TCO, TCO shall not have any further obligation to enter into or consummate any Transactions hereunder (including any Transaction for which a Metals Transaction Confirmation, a Goods Transaction Confirmation, a Metals Purchase Offer or a Goods Purchase Offer has been delivered) until it subsequently determines that such funding is available to TCO on terms that are acceptable to TCO. Without limiting the generality of the foregoing, TCO shall expressly have no obligation whatsoever to seek to obtain any funding other than the funding arrangements that TCO has in place as of the date hereof, and a lack of availability under such funding arrangements for any reason shall excuse TCO from either any obligation to Tensar to consummate any Transaction hereunder following such unavailability, or any other liability relating to any such Transaction. The parties hereto acknowledge and agree that the provisions of this Section 3.5 constitute a condition precedent to TCO’s obligation to provide accommodations under the Facility.
Unavailability of Funding. In the event state or federal funds used to support this contract become unavailable, either in full or in part, due to reductions in appropriations, the OSDH may terminate or reduce the contract upon notice in writing to the Contractor by certified mail. The OSDH shall be the final authority as to the availability of funds. The effective date of such contract termination or reduction shall be specified in the notice. In the event of a reduction, the Contractor may cancel this contract as of the effective date of the proposed reduction upon advance written notice to the OSDH. In the event this contract is cancelled under this section, Contractor agrees to take all reasonable steps to minimize termination costs. The OSDH agrees to reimburse Contractor for all work performed prior to the date of notice of termination of this contract for expenditures and non-cancelable commitments incurred in anticipation of performing under this contract. *This clause provides exception to the amendment clause and the cancellation clause of thirty (30) days notice.
