Mandatory provision for all contracts and contract
modifications to be effective in more than one fiscal year:
"If the General Assembly fails to appropriate funds or if
funds are not otherwise made available for continued performance for any fiscal
period of this Contract succeeding the first fiscal period, this Contract shall
be cancelled automatically as of the beginning of the fiscal year for which
funds were not appropriated or otherwise made available; provided, however,
that this will not affect either the State's rights or the Contractor's rights
under any termination clause in this Contract. The effect of termination of the
Contract hereunder will be to discharge both the Contractor and the State from
future performance of the Contract, but not from their rights and obligations
existing at the time of termination. The Contractor shall be reimbursed for the
reasonable value of any non-recurring costs incurred but not amortized in the
price of the Contract. The State shall notify the Contractor as soon as it has
knowledge that funds may not be available for the continuation of this Contract
for each succeeding fiscal period beyond the first."
