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2005-248A
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2005-248A
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Last modified
7/29/2016 9:48:25 AM
Creation date
9/30/2015 8:59:02 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/19/2005
Control Number
2005-248A
Agenda Item Number
11.B.1
Entity Name
Florida Department of Community Affairs
Subject
Emergency Planning - Fiscal Year 2005/2006
Project Number
06CP-11-10-40-01
Supplemental fields
SmeadsoftID
5089
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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 . 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 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 notice as <br /> is reasonable under the circumstances . Cause shall include , but not be limited to , misuse of funds; fraud ; <br /> lack of compliance with applicable rules , laws and regulations ; failure to perform in a timely manner; and <br /> refusal by the Recipient to permit public access to any document, paper, letter, or other material subject <br /> 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 /> (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 Department by virtue of any breach of Agreement by the <br /> Recipient. The Department may , to the extent authorized by law , withhold any payments to the Recipient <br /> for purpose of set-off until such time as the exact amount of damages due the Department from the <br /> Recipient is 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 />
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