Laserfiche WebLink
performance of such employee's or official's public duties and within the scope of such <br />employee's or official's authority in connection with this Agreement. <br />Section 8.02. Limitations on City Obligations. The Grant Payments made and any other <br />financial obligations of the City hereunder shall be paid solely from lawfully available funds that <br />have been budgeted and appropriated each applicable fiscal year during the Term by the City as <br />provided in this Agreement. Under no circumstances shall the City's obligations hereunder be <br />deemed to create any debt within the meaning of any constitutional or statutory provision. <br />Consequently, notwithstanding any other provision of this Agreement, the City shall have no <br />obligation or liability to pay any Grant Payments or other payments unless the City budgets <br />and appropriates funds to make such payments for the City's fiscal year in which such Grant <br />Payment(s) or other payments are payable under this Agreement. If the City fails to <br />appropriate funds for a Grant Payment, Company may, at its option, terminate this Agreement <br />effective upon written notice to the City, subject to any unpaid Grant Payment properly due to <br />Company for which a lawful appropriation of funds has occurred. <br />Section 8.03. No Recourse. Company shall have no recourse against the City for the <br />City's failure to budget and appropriate funds during any fiscal year to meet the purposes and <br />satisfy its obligations under this Agreement. <br />ARTICLE XI <br />INFORMATION <br />Section 9.01. Annual Certification Related Compliance with Agreement. Beginning <br />in first calendar year following the calendar year in which annexation of the ETJ Land occurs and <br />continuing each calendar year thereafter during the Term, Company shall submit to the City, on or <br />before March 1 of each such year, a certified Compliance Certificate, substantially in the form <br />attached as Exhibit "E" hereto and signed by an authorized officer or employee of Company, that <br />13 <br />