Res 2016-112/Project Texas 380 - Laserfiche WebLink

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this Agreement. Under no circumstances shall the City's obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. Consequently, notwithstanding any other provision of this Agreement, the City shall have no obligation or liability to pay any Grant Payments or other payments unless the City budgets and appropriates funds to make such payments during the City's fiscal year in which such Grant Payment(s) or other payments are payable under this Agreement. If the City fails to appropriate funds for a Grant Payment, Company may, at its option, terminate this Agreement effective upon written notice to the City, whereby Company is excused from its obligations thereunder in any given year the City fails to approve the expenditure, subject to any unpaid Grant Payment properly due to Company for which a lawful appropriation of funds has occurred. Company shall have no other recourse against the City for the City's failure to budget and appropriate funds during any fiscal year to meet the purposes and satisfy its obligations under this Agreement. City shall have no recourse against the Company for any payment made in a prior Computation Quarter, including but not limited to offset of current Computation Quarter payments. ARTICLE 5. DEFAULT, TERMINATION AND REMEDIES Section 5.01. Default; Termination or Suspension of Payments. Except as otherwise provided herein, at any time during the Term of this Agreement that Company is not in compliance with its obligations under this Agreement, the City may send written notice of such non-compliance to Company. If such non-compliance is not cured within 30 days after Company's receipt of such notice or, if non-compliance is not reasonably susceptible to cure within 30 days and a cure is not begun within such 30-day period and, thereafter, continuously and diligently pursued to completion on a schedule approved by the City (in either event, a 9