Availability of Appropriations Clause Samples
The Availability of Appropriations clause establishes that the fulfillment of contractual obligations is contingent upon the availability of government funds. In practice, this means that if appropriated funds are not provided or are insufficient, the government is not obligated to pay or continue performance under the contract. This clause is commonly used in government contracts to protect agencies from financial commitments that exceed their authorized budgets, ensuring that spending does not occur without proper legislative approval and preventing potential breaches due to lack of funding.
Availability of Appropriations. The continuance of this Agreement is subject to the passage by the Congress of the United States of an appropriation of funds from which expenditures may legally be made to cover ARS’ contributions.
Availability of Appropriations. This agreement is contingent upon and subject to the availability of funds. The University, in its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or other funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500-20-60); (2) the Governor decreases the University's funding by reserving some or all of the University's appropriation(s) pursuant to power delegation to the Governor by the Illinois General Assembly; or (3) the University determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. The contractor/vendor will be notified in writing of the failure or reduction of the appropriation.
Availability of Appropriations. The Parties’ respective obligations hereunder shall cease immediately, without penalty, if: (a) the Illinois General Assembly fails to make an appropriation to DHS sufficient to pay such obligations; (b) adequate funds are not appropriated or granted to DHS by the Illinois General Assembly to allow the respective Parties to fulfill their obligations under this Agreement; or (c) funds appropriated are de-appropriated or not allocated.
Availability of Appropriations. Compliance with any provision of this MOU that would require the expenditure of funds is conditioned upon the availability of an appropriation and of funds equal to that appropriation.
Availability of Appropriations. This MOU is not a funds-obligating document. All of EPA's activities are subject to the availability of appropriations.
Availability of Appropriations. Financial obligations or liabilities of the Parties are contingent upon funds for that purpose being appropriated by their respective entities.
Availability of Appropriations. IHS obligations under this agreement are limited to the availability of appropriations and the IHS allocation of its appropriation. If, after signing this agreement, the federal funding anticipated to be available to IHS and necessary for payment for any and all fiscal years included in the term of this agreement are reduced but not eliminated, IHS shall notify OJS in writing within 10 days of being notified of such reduction.
Availability of Appropriations. Appropriations under this subchapter shall not be available for the payment of compensation of students for employment by employers under ar- rangements pursuant to this subchapter. (Pub. L. 89329, title VIII, §802, as added Pub. L. 99498, title VIII, §801, Oct. 17, 1986, 100 Stat. 1546; amended Pub. L. 102325, title VIII, §801, July 23, 1992, 106 Stat. 755; Pub. L. 103208, §2(j)(24), Dec. 20, 1993, 107 Stat. 2482.) A prior section 1133a, Pub. L. 89329, title VIII, §802, as added Pub. L. 94482, title I, §129(b), Oct. 12, 1976, 90 Stat. 2145; amended Pub. L. 96374, title VIII, §801(c), (d), title XIII, §1391(a)(1), Oct. 3, 1980, 94 Stat. 1482, 1503, author- ized grants for programs of cooperative education, prior to the general revision of this subchapter by Pub. L. 99498. Another prior section 1133a, Pub. L. 89329, title VIII, §802, as added Pub. L. 90575, title II, §251, Oct. 16, 1968, 82 Stat. 1043; amended Pub. L. 92318, title I, §171, June 23, 1972, 86 Stat. 304, authorized appropriations for projects and grants for sharing educational and related resources, prior to the general revision of this sub- chapter by Pub. L. 94482.
Availability of Appropriations. 13.1 The continuance of this Agreement is contingent upon availability of appropriation of funds from which expenditures may legally be made to cover ARS’ contributions.
Availability of Appropriations. 936 The Trust’s obligations under this PA are subject to the availability of appropriated funds, and the 937 stipulations of this PA are subject to the provisions of the Anti-Deficiency Act. The Trust shall make 938 reasonable and good faith efforts to secure the necessary funds to implement this PA in its entirety. If 939 compliance with the Anti-Deficiency Act alters or impairs the Trust’s ability to implement the stipulations 940 of this agreement, the Trust shall consult in accordance with the amendment and termination procedures 941 found at Stipulations XI and XII of this agreement. 942 EXECUTION of this PA by the Trust, SHPO, NPS, and the ACHP and implementation of its terms 943 evidence that the Trust has taken into account the effects of this undertaking on historic properties and 944 afforded the ACHP an opportunity to comment. The following projects are exempt from further review or consultation with the SHPO, NPS, and the ACHP under the terms of this PA.
A. Maintenance of contributing buildings and structures which includes:
1. Housekeeping, routine maintenance, building monitoring, and other such actions (such as repair/replacement of light switches, and rewiring existing fixtures in existing conduit, replacement of window putty) that do not damage historic fabric.
2. Painting of historic structures (exterior and interior) to match existing color, consistent with approved Residential Paint Palette, or based on paint analysis by an architect or exhibit specialist.
B. Maintenance operations for non-contributing buildings and structures in a historic district, except excavations and borings in archaeologically sensitive areas.
C. Painting of non-historic buildings and structures (exterior and interior).
D. Maintenance and repair or replacement of roofs or parts of a roof on historic and non- historic structures that are deteriorated beyond repair, when replacement matches existing or original material and design, and the Secretary’s Standards, or maintenance scope of work that does not alter the integrity of the historic property.
E. Grading of terrain adjacent to a building to achieve positive water runoff in areas not designated as archaeologically sensitive or having vegetation or other characteristics which contribute to the cultural landscape and would be affected by grading.
F. Routine grounds maintenance such as grass cutting and treatment, maintenance of shrubs, and tree trimming, provided these activities are consistent with the Vegetati...