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Severability. If any term or condition of this Agreement or the application thereof to any person(s) or <br />circumstances is held invalid, such invalidity shall not affect the other terms, conditions or applications <br />which can be given effect without the invalid term, condition or application. To this end, the Terms and <br />Condirions of the Agreement are declared severable. <br />Availability of Funds. The State of Nebraska's obligation to make payments in accordance with this <br />Agreement is conditional upon sufficient appropriations from the Nebraska Legislature to the Natural <br />Resources Commission. The State shall notify the Foundation and the other parties to this Agreement <br />as soon as possible in the event appropriations do not appear to be sufficient for the State to make any <br />requested or anticipated request for funds in accordance with other provisions of this Agreement.