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l <br /> intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity <br /> applies . Nothing herein shall be construed as consent by a state agency or subdivision of the State of <br /> Florida to be sued 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 /> Department to make any further payment of funds hereunder shall , if the Department so elects , terminate <br /> and the Department may, at its option , exercise any of its remedies set forth in Paragraph ( 11 ) , but the <br /> Department may make any payments or parts of payments after the happening of any Events of Default <br /> without thereby waiving the right to exercise such remedies , and without becoming liable to make any <br /> further payment: <br /> (a) If any warranty or representation made by the Recipient in this Agreement or any <br /> previous Agreement with the Department 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 Department and has not cured such in timely fashion , <br /> or 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 Department. <br /> (c) If any reports required by this Agreement have not been submitted to the Department <br /> or 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 Department 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 /> 5 <br />