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intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. ( 10) DEFAULT If any of the following events occur (" Events of Default") , all obligations on the part of the Department to make any further payment of funds hereunder shall , if the Department so elects , terminate and the Department may, at its option , exercise any of its remedies set forth in Paragraph ( 11 ) , but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies , and without becoming liable to make any further payment: ( a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep , observe or perform any of the obligations , terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion , or is unable or unwilling to meet its obligations thereunder; ( b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty ( 30) days from the date written notice is sent by the Department. ( c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information ; (d ) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. ( 11 ) REMEDIES Upon the happening of an Event of Default, then the Department may , at its option , upon thirty ( 30 ) calendar days prior written notice to the Recipient and upon the Recipient' s failure to cure within said thirty ( 30 ) day period , exercise any one or more of the following remedies , either concurrently or consecutively : (a ) Terminate this Agreement , provided that the Recipient is given at least thirty ( 30 ) days prior written notice of such termination . The notice shall be effective when placed in the United States mail , first class mail , postage prepaid , by registered or certified mail -return receipt requested , to the address set forth in Paragraph ( 13 ) herein ; ( b ) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d ) Exercise any corrective or remedial actions , to include but not be limited to : 1 . requesting additional information from the Recipient to determine the reasons for or the extent of non -compliance or lack of performance , 2 . issuing a written warning to advise that more serious measures may be taken if the situation is not corrected , 5