Common use of Public Entities Clause in Contracts

Public Entities. If Consortium Member is a public entity and Consortium Member’s continued performance and obligation to pay under multi-year agreements, including this Agreement, is contingent upon annual appropriations by the Legislature of its state and/or the availability of designated funds through internal funding or grant programs, and an administrative decision by an accountable officer of Consortium Member to devote funds for such a purpose. For purposes of this paragraph, “non-appropriation” may include: i) a reduction of Consortium Member’s general legislative appropriation of 5% or more in any fiscal year; or ii) a loss of an internal funding source or grant funding. In such an event, Consortium Member may give notice to Company of the non-availability of such funds with the written decision of Consortium Member’s accountable fiscal officer and Consortium Member may terminate the Agreement on any anniversary by providing sixty (60) days written notice before the anniversary date of the Effective Date.

Public Entities. If Consortium Member is a public entity and Consortium Member’s continued performance and obligation to pay under multi-year agreements, including this Agreement, is contingent upon annual appropriations by the Legislature of its state and/or the availability of designated funds through internal funding or grant programs, and an administrative decision by an accountable officer of Consortium Member to devote funds for such a purpose. For purposes of this paragraph, “non-appropriation” may include: i) a reduction of Consortium Member’s general legislative appropriation of 5% or more in any fiscal year; or ii) a loss of an internal funding source or grant funding. In such an event, Consortium Member may give notice to Company Vendor of the non-availability of such funds with the written decision of Consortium Member’s accountable fiscal officer and Consortium Member may terminate the Agreement on any anniversary by providing sixty (60) days written notice before the anniversary date of the Effective Date.

Public Entities. If This paragraph shall apply if Consortium Member is a public entity and Consortium Member’s continued performance and obligation to pay under multi-year agreements, including this the Service Agreement, is contingent upon annual appropriations by the Legislature of its state and/or the availability of designated funds through internal funding or grant programs, and an administrative decision by an accountable officer of Consortium Member to devote funds for such a purpose. For purposes of this paragraph, “non-appropriation” may include: i) a reduction of Consortium Member’s general legislative appropriation of 5% or more in any fiscal year; or ii) a loss of an internal funding source or grant funding. In such an event, Consortium Member may give notice to Company Service Provider of the non-availability of such funds with the written decision of Consortium Member’s accountable fiscal officer and Consortium Member may terminate the Service Agreement on any anniversary by providing sixty (60) days written notice before the anniversary date of the Effective Date.