Laserfiche WebLink
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued <br /> by third parties in any matter arising out of any contract. <br /> ( 10) DEFAULT <br /> If any of the following events occur ("Events of Default"), all obligations on the part of the <br /> Division to make any further payment of funds hereunder shall, if the Division so elects , terminate and the <br /> Division may, at its option , exercise any of its remedies set forth in Paragraph ( 11 ), but the Division may <br /> make any payments or parts of payments after the happening of any Events of Default without thereby <br /> waiving the right to exercise such remedies, and without becoming liable to make any further payment: <br /> (a) If any warranty or representation made by the Recipient in this Agreement or any <br /> previous Agreement with the Division shall at any time be false or misleading in any respect, or if the <br /> Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in <br /> this Agreement or any previous agreement with the Division and has not cured such in timely fashion , or <br /> is unable or unwilling to meet its obligations thereunder; <br /> (b) If any material adverse change shall occur in the financial condition of the Recipient <br /> at any time during the term of this Agreement, and the Recipient fails to cure said material adverse <br /> change within thirty (30) days from the date written notice is sent by the Division . <br /> (c) If any reports required by this Agreement have not been submitted to the Division or <br /> have been submitted with incorrect, incomplete or insufficient information ; <br /> (d) If the Recipient has failed to perform and complete in timely fashion any of its <br /> obligations under this Agreement. <br /> ( 11 ) REMEDIES <br /> Upon the happening of an Event of Default, then the Division may, at its option , upon <br /> thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure <br /> within said thirty (30) day period , exercise any one or more of the following remedies, either concurrently <br /> or consecutively: <br /> (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) <br /> days prior written notice of such termination . The notice shall be effective when placed in the United <br /> States mail , first class mail, postage prepaid, by registered or certified mail-return receipt requested, to <br /> the address set forth in Paragraph ( 13) herein ; <br /> (b) Commence an appropriate legal or equitable action to enforce performance of this <br /> Agreement; <br /> (c) Withhold or suspend payment of all or any part of a request for payment; <br /> (d) Exercise any corrective or remedial actions, to include but not be limited to : <br /> 1 . requesting additional information from the Recipient to determine the reasons <br /> for or the extent of non-compliance or lack of performance, <br /> 2 . issuing a written warning to advise that more serious measures may be taken <br /> 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 /> 5 <br />