Common use of Termination for Non-Appropriation Clause in Contracts

Termination for Non-Appropriation. 8.6.1 Notwithstanding any other term or provision of this Contract, the continuation of this Contract beyond a single fiscal year of County is subject to the appropriation and availability of funds in accordance with Chapter 129, Florida Statutes. Termination by the County due to nonappropriation shall be without a termination charge by Consultant. County shall not be obligated to pay Contractor under this Contract beyond the date of termination except as set forth in this Contract. County’s obligation to pay Contractor is limited to the budgeted amount for a fiscal year approved by the Volusia County Council for the then current fiscal year of this Contract and is otherwise limited to legally available non-ad valorem tax revenues. 8.6.2 Any such termination shall be effected by the delivery of Notice of Termination in accordance with Section 11.2 – Notice. A Notice of Termination shall specify the extent to which this Contract is terminated and the date upon which termination will become effective. 8.6.3 In the event that this Contract is terminated in whole for nonappropriation by the County or Contractor and subject to Article 4 – Compensation; Payments; Punchlist, and Article 8 – Termination and Suspension, Contractor shall be paid in accordance with terms of this Article to the date of termination on a prorated basis for any milestone or Deliverable designated for payment under this Contract that was started but not completed. Notwithstanding the foregoing, County’s obligation to pay Contractor under Article 4 – Compensation; Payments; Punchlist and this Contract is limited to the budgeted amount for the fiscal year approved by the Volusia County Council for the then current fiscal year of this Contract and is otherwise limited to legally available non-ad valorem tax revenues. Contractor shall have no right to compel the Volusia County Council to appropriate funds for any fiscal year to pay the compensation set forth in Article 4 – Compensation;

Termination for Non-Appropriation. 8.6.1 Notwithstanding any other term or provision of this Contract, the continuation of this Contract beyond a single fiscal year of County is subject to the appropriation and availability of funds in accordance with Chapter 129, Florida Statutes. Termination by the County due to nonappropriation shall be without a termination charge by Consultant. County shall not be obligated to pay Contractor under this Contract beyond the date of termination except as set forth in this Contract. County’s obligation to pay Contractor is limited to the budgeted amount for a fiscal year approved by the Volusia County Council for the then current fiscal year of this Contract and is otherwise limited to legally available non-ad valorem tax revenues. 8.6.2 Any such termination shall be effected by the delivery of Notice of Termination in accordance with Section 11.2 – Notice. A Notice of Termination shall specify the extent to which this Contract is terminated and the date upon which termination will become effective. 8.6.3 In the event that this Contract is terminated in whole for nonappropriation by the County or Contractor and subject to Article 4 – Compensation; Payments; Punchlist, and Article 8 – Termination and Suspension, Contractor shall be paid in accordance with terms of this Article to the date of termination on a prorated basis for any milestone or Deliverable designated for payment under this Contract that was started but not completed. Notwithstanding the foregoing, County’s obligation to pay Contractor under Article 4 – Compensation; Payments; Punchlist and this Contract is limited to the budgeted amount for the fiscal year approved by the Volusia County Council for the then current fiscal year of this Contract and is otherwise limited to legally available non-ad valorem tax revenues. Contractor shall have no right to compel the Volusia County Council to appropriate funds for any fiscal year to pay the compensation set forth in Article 4 – Compensation;the

Termination for Non-Appropriation. 8.6.1 Notwithstanding any other term or provision of this Contract, the continuation of this Contract beyond a single fiscal year of County is subject to the appropriation and availability of funds in accordance with Chapter 129, Florida Statutes. Termination by the County due to nonappropriation shall be without a termination charge by Consultant. County shall not be obligated to pay Contractor under this Contract beyond the date of termination except as set forth in this Contract. County’s obligation to pay Contractor is limited to the budgeted amount for a fiscal year approved by the Volusia County Council for the then current fiscal year of this Contract and is otherwise limited to legally available non-ad valorem tax revenues. 8.6.2 Any such termination shall be effected by the delivery of Notice of Termination in accordance with Section 11.2 – Notice. A Notice of Termination shall specify the extent to which this Contract is terminated and the date upon which termination will become effective. 8.6.3 In the event that this Contract is terminated in whole for nonappropriation by the County or Contractor and subject to Article 4 – Compensation; Payments; Punchlist, and Article 8 – Termination and Suspension, Contractor shall be paid in accordance with terms of this Article to the date of termination on a prorated basis for any milestone or Deliverable designated for payment under this Contract that was started but not completed. Notwithstanding the foregoing, County’s obligation to pay Contractor under Article 4 – Compensation; Payments; Punchlist and this Contract is limited to the budgeted amount for the fiscal year approved by the Volusia County Council for the then current fiscal year of this Contract and is otherwise limited to legally available non-ad valorem tax revenues. Contractor shall have no right to compel the Volusia County Council to appropriate funds for any fiscal year to pay the compensation set forth in Article 4 – Compensation;; Payments; Punchlist. Upon being notified of County’s election to terminate or Contractor election to terminate, Contractor and its Subcontractors shall refrain from performing further work or incurring additional expenses under the terms of this Contract which is not specifically authorized in the Notice of Termination. 8.6.4 Upon being notified of County’s election to terminate for default of Contractor, non- appropriation or convenience, Contractor and its Subcontractors shall refrain from performing further work or incurring additional expenses under the terms of the resulting Contract which is not specifically authorized in the notice of termination. 8.6.5 If termination of the resulting Contract occurs for any reason: 8.6.5.1 Except as otherwise provided in the resulting Contract, Contractor shall return to the County, or destroy, all County confidential information in Contractor’s possession and shall certify the destruction or return of said information in a written document signed by the duly authorized representative of the Contractor that all such information has been destroyed or returned, provided that Contractor shall be permitted to retain an archival copy of any such confidential information (provided it continues to maintain the confidentiality of such as prescribed herein) to the extent necessary to have a record of the service performed hereunder. 8.6.5.2 For all undisputed outstanding invoices submitted to the County for work completed or deliverables delivered prior to the effective date of the termination, the County shall cause payments to be made to Contractor within thirty (30) days of receipt of invoice. Contractor shall invoice the County for any sums Contractor claims to be owed by County under the resulting Contract for work performed from the last invoice to the effective date of termination. County shall review such invoice for payment within fifteen (15) days of receipt and County shall pay any undisputed amount within thirty (30) days, subject to the Article entitled Compensation in the resulting Contract. Any disputed amounts on any invoices shall be subject to the dispute resolution process set forth in the Article entitled Dispute Resolution in the resulting Contract. 8.6.6 In the event of termination by the County for nonappropriation, for all items or products ordered by Contractor before receipt by Contractor of the Notice of Termination which Contractor could not cancel without imposition of a fee, the County shall cause payments to be made to Contractor within thirty (30) days of receipt of an undisputed invoice for all cancellation, restocking or residual fees resulting from the cancellation or return of third party products ordered from or shipped by the vendor thereof prior to the effective date of the termination.

Termination for Non-Appropriation. 8.6.1 Notwithstanding any other term or provision of this Contract, the continuation of this Contract beyond a single fiscal year of County is subject to the appropriation and availability of funds in accordance with Chapter 129, Florida Statutes. Termination by the County due to nonappropriation shall be without a termination charge by Consultant. County shall not be obligated to pay Contractor under this Contract beyond the date of termination except as set forth in this Contract. County’s obligation to pay Contractor is limited to the budgeted amount for a fiscal year approved by the Volusia County Council for the then current fiscal year of this Contract and is otherwise limited to legally available non-ad valorem tax revenues. 8.6.2 Any such termination shall be effected by the delivery of Notice of Termination in accordance with Section 11.2 – Notice. A Notice of Termination shall specify the extent to which this Contract is terminated and the date upon which termination will become effective. 8.6.3 In the event that this Contract is terminated in whole for nonappropriation by the County or Contractor and subject to Article 4 – Compensation; Payments; Punchlist, and Article 8 – Termination and Suspension, Contractor shall be paid in accordance with terms of this Article to the date of termination on a prorated basis for any milestone or Deliverable designated for payment under this Contract that was started but not completed. Notwithstanding the foregoing, County’s obligation to pay Contractor under Article 4 – Compensation; Payments; Punchlist and this Contract is limited to the budgeted amount for the fiscal year approved by the Volusia County Council for the then current fiscal year of this Contract and is otherwise limited to legally available non-ad valorem tax revenues. Contractor shall have no right to compel the Volusia County Council to appropriate funds for any fiscal year to pay the compensation set forth in Article 4 – Compensation;any