Limitation of Appropriation Clause Samples

A Limitation of Appropriation clause restricts the amount of funds or resources that can be committed or spent under a contract. In practice, this clause typically specifies a maximum financial limit or ties expenditures to the availability of appropriated funds, meaning that obligations under the contract cannot exceed what has been formally allocated by a governing body or budget authority. Its core function is to protect parties—often government entities or public institutions—from exceeding budgetary constraints, ensuring that contractual commitments remain within authorized financial boundaries and preventing unauthorized or unfunded liabilities.
Limitation of Appropriation. A. ▇▇▇ understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that the County is not currently appropriating any funds for the Project. County may appropriate funds to complete the Project, but such funds shall not under any conditions, circumstances, or interpretations thereof exceed the sum certified available by the Harris County Auditor. B. POA understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that failure of the Harris County Auditor to certify funds or to certify sufficient funding for any reason shall not be considered a breach of this Agreement.
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Limitation of Appropriation. The School understands and agrees, said understanding and agreement also being the absolute essence of this Agreement, that the County is not appropriating any funds under this Agreement.
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Limitation of Appropriation. A. The City understands and agrees, said understanding and agreement also being the absolute essence of this Agreement, that the County is not appropriating any funds under this Agreement. B. The City’s duty to pay money to County under this Agreement is limited in its entirety by the provisions of this Section. C. County recognizes that under Article II, Sections 19 and 19a of the City's Charter, and Article XI, Section 5 of the Texas Constitution, City may not obligate itself by contract to pay more money than the amount the City Council appropriates, and further recognizes that the City Council has not appropriated or allocated any funds as of the Countersignature Date for carrying out the purposes under this Agreement; and notwithstanding any other provision of this Agreement, that might otherwise be construed to the contrary, shall have no obligations to expend any City funds except to the extent that the City Council, at its sole discretion, appropriates such funds.
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Limitation of Appropriation. Association understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that the County is not currently appropriating any funds through this Agreement.
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Limitation of Appropriation. A. COB understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that the County is not currently appropriating any funds for the Project. County may appropriate funds to complete the Project, but such funds shall not under any conditions, circumstances, or interpretations thereof exceed the sum certified available by the ▇▇▇▇▇▇ County Auditor. B. COB understands and agrees, said understanding and agreement also being of the absolute essence of this Agreement, that failure of the ▇▇▇▇▇▇ County Auditor to certify funds or to certify sufficient funding for any reason shall not be considered a breach of this Agreement.
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Limitation of Appropriation. The City’s duty to pay money to CenterPoint under this Agreement is limited in its entirety by the provisions of this subsection (h). In order to comply with Article II, Sections 19 and 19a of the City’s Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $311,000 to pay money due under this Agreement (the “Original Allocation”). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds (a “Supplemental Allocation”) for this Agreement, but they are not obligated to do so. Therefore, the Parties have agreed to the following procedures and remedies: The City makes a Supplemental Allocation by issuing to CenterPoint a service release order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council. “NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDS” “By the signature below, the City Controller certifies that, upon the request of the responsible director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This supplemental allocation has been charged to such appropriation: $ .” The Original Allocation plus all Supplemental Allocations are the “Allocated Funds.” The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. CenterPoint must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, CenterPoint’s only remedy is suspension or termination of its performance under this Agreement and it has no other remedy for such failure to allocate funds in law or in equity against the City and no right to damages of any kind.
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Related to Limitation of Appropriation

  • Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2014. (July 1, 1944, ch. 373, title III, § 310A, as added Pub. L. 111–148, title III, § 3509(b), Mar. 23, 2010, 124 Stat. 533.) A prior section 310A of act July 1, 1944, was renum- bered section 226 and transferred to section 235 of this title. (a) Data collection

  • Right of appropriation (a) We shall be entitled in our reasonable discretion to apply and appropriate all payments received by us in such a manner or order of priority as we may deem fit, notwithstanding any specific appropriation of such sums by you or any person making such payment. Without prejudice to the generality of the foregoing, we may apply payments received by us in the following order of priority: (i) all billed but unpaid interest, fees and charges; (ii) all unpaid balance transfer balances, cash advances, instalment plans, card transactions shown in any previous statements of account; (iii) all unpaid balance transfer balances, cash advances, instalment plans, card transactions shown in the current statement of account; and (iv) all unpaid balance transfer balances, cash advances, instalment plans, card transactions not yet included in any statement of account. (b) For each category of unpaid balances referred to in each of sub- clauses 15.1(a)(ii), (iii) and (iv): (i) the balances with the highest applicable interest rate will be repaid in priority to the other balances within such category; and (ii) where the interest rate applicable to any unpaid balance transfer balances within such category is the same, payments received by us will reduce the balances transferred under the latest fund transfer program (after it has been reflected in your statement of account) first, notwithstanding that you may have unpaid balance transfer balances from earlier fund transfer programs.

  • Limit of Appropriation 4.1 Consultant clearly understands and agrees, such understanding and agreement being of the absolute essence of this Agreement, that County shall have available the total maximum sum of ten thousand five hundred eighty-five dollars and no/100 ($10,585.00) specifically allocated to fully discharge any and all liabilities County may incur. 4.2 Consultant does further understand and agree, said understanding and agreement also being of the absolute essence of this Agreement, that the total maximum compensation that Consultant may become entitled to and the total maximum sum that County may become liable to pay to Consultant shall not under any conditions, circumstances, or interpretations thereof exceed ten thousand five hundred eighty-five dollars and no/100 ($10,585.00).

  • Annual Appropriation of Funds Contractor acknowledges that the Contract term may extend over multiple City fiscal years, and that work and compensation under this Contract is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Contract may be terminated at the end of the fiscal year for which sufficient funding is not appropriated and authorized. City is not obligated to pay Contractor for any amounts not duly appropriated and authorized by City Council.

  • Appropriation of Funds Lessee intends to continue each Schedule to which it is a party for the Schedule Term and to pay the Rent and other amounts due hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to pay all Rent during the Schedule Term can be obtained. Lessee further intends to act in good faith to do those things reasonably and lawfully within its power to obtain and maintain funds from which the Rent may be paid. Notwithstanding the foregoing, in the event sufficient funds are not appropriated to continue the Schedule Term for any fiscal period (as set forth on the Schedule) of Lessee beyond the fiscal period first in effect at the commencement of the Schedule Term, Lessee may terminate the Schedule with regard to those of the Assets on the Schedule so affected. Lessee shall endeavor to provide Lessor with written notice sixty (60) days prior to the end of its current Fiscal Period confirming which Assets on the Schedule will be so affected by the termination. All obligations of Lessee to make Rent Payments due with respect to those Assets after the end of the Fiscal Period for which such termination applies will cease, all interests of Lessee in those Assets will terminate, Lessee shall surrender those Assets in accordance with Section 15 (“Option to Extend; Surrender of Assets”) of this MOLA, and the applicable Schedule shall be deemed amended. Lessee represents and warrants it has adequate funds to meet its obligations during the first fiscal period of the Schedule Term. Lessor and Lessee intend that the obligation of Lessee to make Rent Payments under this MOLA shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general revenues, funds or monies of Lessee or the State of Texas, as applicable, beyond the fiscal period for which sufficient funds have been appropriated to make Rent Payments hereunder.