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