Appropriation Approval Clause Samples

Appropriation Approval. Buyer shall on an annual basis seek an appropriation by the State of Illinois for the Renewable Energy Resources Fund sufficient to allow payment under this Agreement. If Buyer fails to receive such appropriation approval for a given fiscal year, Buyer shall notify Seller of such and Buyer may terminate or suspend this Agreement within thirty (30) calendar days after the date of such notification to Seller. Buyer must provide notice of such termination or suspension to Seller in accordance with the provisions of Article 14. If suspended, Seller may sell RECs from the System to another party during the suspended period. If terminated, neither Party shall have any further liability hereunder upon such termination.
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Appropriation Approval. The Contractor acknowledges that the City of Port Saint Lucie’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the City Council. The Contractor agrees that, in the event such appropriation is not forthcoming, the City may terminate this Contract and that no charges, penalties or other costs shall be assessed.
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Appropriation Approval. The Contractor acknowledges that this contract is subject to approval by City Council of budget appropriation for the contract period beyond September 30th of 2005. The Contractor agrees that, in the event such appropriation is not forthcoming, the City may terminate this contract and that no charges, penalties or other costs shall be assessed.
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Appropriation Approval. The Engineer acknowledges that the Town of Christiansburg’s performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Town Council. The Engineer agrees that, in the event such appropriation is not forthcoming, this Contract may be terminated by the Town and that no charges, penalties, or other costs shall be assessed.
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Appropriation Approval. Payment under this Agreement is subject to ▇▇▇▇▇’s receipt of a sufficient financial appropriation from the State of Illinois for the Renewable Energy Resources Fund. If Buyer fails to receive such appropriation approval for a given fiscal year, Buyer shall notify Seller of such and Buyer may terminate or suspend this Agreement within thirty (30) calendar days after the date of such notification to Seller. Buyer must provide notice of such termination or suspension to Seller in accordance with the provisions of Article 14.[ 3: Could IPA's failure to receive sufficient appropriations of funds be considered a Force Majeure under Article 15? This point is nuanced but seems slightly unclear.] If suspended, Seller may sell RECs from the System to another party during the suspended period. If terminated, neither Party shall have any further liability hereunder upon such termination.
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Related to Appropriation Approval

  • Commission Approval The Parties understand and agree that this Agreement will be filed with the Commission for approval by such Commission (or the FCC if the Commission fails to act) pursuant to Section 252 of the Act. Each Party specifically reserves its right to judicial review of this Agreement under Section 252(e)(6) of the Act, or any other available remedy at law or equity. If the Commission, the FCC or any court rejects any portion of this Agreement, the Parties agree to meet and negotiate in good faith to arrive at a mutually acceptable modification of the rejected portion and any provisions that would be materially affected by deletion of the rejected portion; provided that such rejected portion shall not affect the validity of the remainder of this Agreement. The Parties acknowledge that nothing in this Agreement shall limit a Party's ability, independent of such Party's agreement to support and participate in the approval of this Agreement, to assert public policy issues relating to the Act, including challenging the validity of any portion of the Act or an FCC or Commission rule, order, Guideline or other determination made pursuant to the Act, or the application by CBT for suspension or modification of portions of the Act or rules pursuant to Section 251(f)(2) of the Act. In the event CBT obtains a suspension or modification of any portion of the Act or rules thereunder pursuant to Section 252(f)(2) of the Act, the Parties shall negotiate as necessary to incorporate the applicable terms and conditions of such suspension or modification and the Parties agree to negotiate as necessary in order to clarify the application of such suspension or modification to the terms of into this Agreement.