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2009-216
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perform any of the obligations , terns or covenants in this Agreement or any previous agreement with the <br /> Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this <br /> Agreement, <br /> (b) If material adverse changes occur in the financial condition of the Recipient at any time during the <br /> term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written <br /> notice is sent by the Department. <br /> (c ) If any reports required by this Agreement have not been submitted to the Department or have been <br /> submitted with incorrect, incomplete or insufficient information , <br /> (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under <br /> this Agreement . <br /> ( 11 ) REMEDIES <br /> If an Event of Default occurs, then the Department may , upon thirty calendar days written notice to the <br /> Recipient and upon the Recipient' s failure to cure within those thirty days, exercise any one or more of the following <br /> remedies, either concurrently or consecutively : <br /> ( a ) Tenninate this Agreement, provided that the Recipient is given at least thirty days prior written <br /> notice of such termination . The notice shall be effective when placed in the United States , first class mail, postage <br /> prepaid , by registered or certified mail-return receipt requested , to the address set forth in paragraph ( 13 ) herein, <br /> ( b) Begin an appropriate legal or equitable action to enforce performance of this Agreement, <br /> (c) Withhold or suspend payment of all or any part of a request for payment; <br /> ( d ) Require that the Recipient refund to the Department any monies used for ineligible purposes under <br /> the laws , rules and regulations governing the use of these funds . <br /> ( e) Exercise any corrective or remedial actions, to include but not be limited to : <br /> 1 . request additional information from the Recipient to determine the reasons for or the extent of <br /> non-compliance or lack of performance, <br /> 2 . issue a written warning to advise that more serious measures may be taken if the situation is <br /> not corrected, <br /> 3 . advise the Recipient to suspend , discontinue , or refrain from incurring costs for any activities <br /> in question , or <br /> 4 . require the Recipient to reimburse the Department for the amount of costs incurred for any <br /> items determined to be ineligible ; <br /> ( t) Exercise any other rights or remedies which may be otherwise available under law. <br /> (g) Pursuing any of the above remedies will not keep the Department from pursuing any other <br /> remedies in this Agreement or provided at law or in equity . If the Department waives any right or remedy in this <br /> Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right <br /> or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any <br /> other default by the Recipient . <br /> Rev 07/31 /2009 Page 6 <br />
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