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2006-305
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2006-305
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Last modified
8/26/2016 3:37:50 PM
Creation date
9/30/2015 10:00:47 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/12/2006
Control Number
2006-305
Agenda Item Number
7.P.
Entity Name
Department of Emergency Management
Subject
State and Federally funded subgrant CSFA#52008/CFDA#97.042
Supplemental fields
SmeadsoftID
5809
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(e) Require that the Recipient return to the Division any funds which were used <br /> for ineligible purposes under the program laws, rules and regulations governing the use of funds <br /> under this program. <br /> (f) Exercise any other rights or remedies which may be otherwise available under <br /> law . <br /> (g) The pursuit of any one of the above remedies shall not preclude the Division <br /> from pursuing any other remedies contained herein or otherwise provided at law or in equity. No <br /> waiver by the Division of any right or remedy granted hereunder or failure to insist on strict <br /> performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy <br /> of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the <br /> Division for any further or subsequent default by the Recipient. <br /> ( 12) TERMINATION <br /> (a) The Division may terminate this Agreement for cause upon such written notice <br /> 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 <br /> a timely manner; and refusal by the Recipient to permit public access to any document, paper, <br /> letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. <br /> (b) The Division may terminate this Agreement when it determines, in its sole <br /> discretion, that the continuation of the Agreement would not produce beneficial results <br /> commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) <br /> calendar days prior written notice . <br /> (c) The parties may agree to terminate this Agreement for their mutual convenience <br /> as evidenced by written amendment of this Agreement. The amendment shall establish the <br /> effective date of the termination and the procedures for proper closeout of the Agreement . <br /> (d) In the event that this Agreement is terminated, the Recipient will not incur new <br /> obligations for the terminated portion of the Agreement after the Recipient has received the <br /> notification of termination. The Recipient will cancel as many outstanding obligations as possible. <br /> Costs incurred after the date of receipt of notice of the termination will be disallowed. <br /> Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue <br /> of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law , <br /> withhold any payments to the Recipient for purpose of set-off until such time as the exact amount <br /> of damages due the Division from the Recipient is determined. <br /> (13) NOTICE AND CONTACT <br /> (a) All notices provided under or pursuant to this Agreement shall be in <br /> It <br />
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