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(b) Any advance payment under this Agreement is subject to Section 216. 181 ( 16), Fla. Stat. , and is contingent upon the Recipients acceptance of the rights of the Department under Paragraph ( 12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the fust three (3 ) months of the contract term . Any advance payment is also subject to federal OMB Circulars A-87, A- 110, A- 122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E . Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. ❑ An advance payment is requested in the amount of $0. 00 . (check and complete if applicable) (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed . The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under subparagraph ( 19)(h) of this Agreement, all obligations on the part of the Department to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Department . ( 18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed directly to the Department at the following address : Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215 . 34(2), Fla . Stat. if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($ 15 .00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. ( 19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Department and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient . ( b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County . If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable , then the provision shall be null and Rev 07/31 /2009 Page 9