Common use of Measure of Liability Clause in Contracts

Measure of Liability. In consideration of full and satisfactory services and activities hereunder by RECIPIENT and receipt of a requisition for payment with appropriate documentation of expenditures, CITY shall make payments to RECIPIENT based on the Budget in Exhibit B, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the RECIPIENT’s financial management system in accordance with the standards specified in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (1) The parties expressly understand and agree that CITY’s obligations under this Section are contingent upon the actual receipt of adequate ESG funds to meet CITY’s liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify RECIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability or terminate the Agreement. If funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to RECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of ▇▇▇▇▇▇. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed, or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) has not been billed to CITY within 90 calendar days following billing to RECIPIENT, or termination of the Agreement, whichever date is earlier; or (e) is not an allowable cost as defined by Section 10 of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of RECIPIENT requiring prior written authorization from CITY, or after CITY has requested that RECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises RECIPIENT to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than RECIPIENT for payment of any monies or provision of any goods or services.

Measure of Liability. In consideration of full and satisfactory performance of the services and activities hereunder hereun- der by RECIPIENT SUBRECIPIENT and receipt of a requisition for payment with appropriate required reporting and documentation of expenditures, CITY shall make payments to RECIPIENT SUBRECIPIENT based on the Budget in Exhibit B, subject to the limitations and provisions set forth in Exhibit B and in this Section and Section 7 of this Agreement. Payments may be contingent upon certification certi- fication of the RECIPIENTSUBRECIPIENT’s financial management system in accordance with the standards specified in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (1) The parties expressly understand and agree that CITY’s obligations under this Section are contingent upon the actual receipt of adequate ESG ARP funds to meet CITY’s liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify RECIPIENT SUBRECIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability or terminate the Agreement. If funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to RECIPIENT SUBRECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of ▇▇▇▇▇▇. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed, or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date or after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) has not been billed to CITY within 90 calendar days following billing to RECIPIENT, or termination of the Agreement, whichever date is earlier; or (e) is not an allowable cost as defined by Section 10 8 of this Agreement or in the project budget.Budget set forth in Exhibit B. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of RECIPIENT SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that RECIPIENT SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises RECIPIENT SUBRECIPIENT to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than RECIPIENT SUBRECIPIENT for payment of any monies or provision of any goods or services. (6) Funding not expended within the term of this Agreement will revert to the City of ▇▇▇▇▇▇ budget for use on alternative services or projects.