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(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 , 3. advising the Recipient to suspend , discontinue or refrain from incurring costs for any activities in question or 4 . requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws , rules and regulations governing the use of funds under this program . (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of any one of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. ( 12) TERMINATION . (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances . Cause shall include, but not be limited to , misuse of funds ; fraud ; lack of compliance with applicable rules , laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119 , Fla. Stat. , as amended . (b) The Department may terminate this Agreement when it determines , in its sole discretion , that the continuation of the Agreement would not produce beneficial results commensurate 9