Common use of Termination for Nonappropriation Clause in Contracts

Termination for Nonappropriation. End User may terminate this Agreement at the end of the then-current fiscal period, without incurring any form of payment liability in excess of previously appropriated amounts, only when End User is unable to secure or allocate sufficient funds in its operating budget to fulfill its financial obligations under the Agreement for the following fiscal year (“Termination for Non-appropriation”). Following Termination for Non-appropriation, End User will not be obligated for payments for any fiscal period after the effective date of termination. End User will give Sprint written notice of any termination for non-appropriation at least 30 days before the effective date of the termination. At Sprint’s request, End User will provide supplemental documentation regarding the non-appropriation of funds. End User must take all necessary action to budget and secure any funds required to fulfill its contractual obligations for each fiscal year during the Term, including the exhaustion of all available administrative appeals if funding is initially denied. If End User terminates the Agreement in part or in whole under this nonappropriation provision, End User will not obtain the Services or functional equivalents from any other provider for a period of 180 days from after the effective date of termination.