South Dakota Codified Laws 1-33B-11. Executory contract clause–Liability of governmental unit
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Any guaranteed energy savings contract entered into by a governmental unit shall contain the following clause: “This contract shall be deemed executory only to the extent of the moneys appropriated and available for the purpose of the contract, and no liability on account therefor may be incurred beyond the amount of such moneys. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate, or make available moneys for the purpose of this contract.”
Terms Used In South Dakota Codified Laws 1-33B-11
- Contract: A legal written agreement that becomes binding when signed.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Source: SL 1992, ch 14, § 11; SL 2009, ch 1, § 122.