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2. issuing a written notice of noncompliance to advise that more serious <br /> measures may be taken if the situation is not corrected ; <br /> 3. advising the Recipient to suspend , discontinue or refrain from incurring costs <br /> for any activities in question; or <br /> 4. requiring the Recipient to reimburse the Department for the amount of costs <br /> incurred for any items determined to be ineligible; <br /> (e) Require that the Recipient return to the Department any funds which were used <br /> for ineligible purposes under the program laws, rules and regulations governing the use of funds under <br /> this program. <br /> (f) Exercise any other rights or remedies which may be otherwise available <br /> underlaw. <br /> (g) The pursuit of any one of the above remedies shall not preclude the Department from <br /> pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the <br /> Department of any right or remedy granted hereunder or failure to insist on strict performance by the <br /> Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department <br /> hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any <br /> further or subsequent default by the Recipient. <br /> ( 12) TERMINATION <br /> (a) The Department may terminate this Agreement for cause upon such written <br /> notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of <br /> funds; fraud ; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely <br /> manner; and refusal by. the Recipient to permit public access to any document, paper, letter, or other <br /> material subject to disclosure under Chapter 119, Fla. Stat. , as amended . <br /> (b) The Department may terminate this Agreement when it determines, in its sole <br /> discretion, that the continuation of the Agreement would not produce beneficial results commensurate <br /> with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written <br /> notice. <br /> 10 <br />