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4. requiring the Recipient to reimburse the Division for the amount of costs <br /> incurred for any items determined to be ineligible; <br /> (e) Require that the Recipient return to the Division any funds which were used for <br /> ineligible purposes under the program laws, rules and regulations governing the use of funds under this <br /> 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 from <br /> pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the <br /> Division 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 Division hereunder, <br /> or affect the subsequent exercise of the same right or remedy by the Division for any further or <br /> subsequent default by the Recipient. <br /> (12) TERMINATION <br /> (a) The Division may terminate this Agreement for cause upon thirty (30) days written <br /> notice . Cause shall include , but not be limited to, misuse of funds; fraud ; lack of compliance with <br /> applicable rules, laws and regulations ; failure to perform in a timely manner; and refusal by the Recipient <br /> to permit public access to any document, paper, letter, or other material subject to disclosure under <br /> Chapter 119, Fla . Stat. , as amended. <br /> (b) The Division may terminate this Agreement for convenience or when it determines, in <br /> its sole 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) calendar <br /> days prior written notice. <br /> (c) The parties may agree to terminate this Agreement for their mutual convenience as <br /> evidenced by written amendment of this Agreement. The amendment shall establish the effective date of <br /> 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 notification of <br /> termination . The Recipient will cancel as many outstanding obligations as possible. Costs incurred after <br /> the date of receipt of notice of the termination will be disallowed . Notwithstanding the above, the <br /> Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the <br /> Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for <br /> purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is <br /> determined. <br /> (13) NOTICE AND CONTACT <br /> (a) All notices provided under or pursuant to this Agreement shall be in writing , either by <br /> hand delivery, or first class , certified mail, return receipt requested, to the representative identified below <br /> at the address set forth below and said notification attached to the original of this Agreement. <br /> 6 <br />