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(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 time 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 /> ( 10 ) 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 ( 12 ) 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 /> 7 <br />