2004-252 - Laserfiche WebLink

Home Browse Search

(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 av ilable 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 ins A 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 , Florida Statutes , as amended . (b) The Department may terminate this Agreement when it determir es, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice . (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement . The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement . (d) In the event that this Agreement is terminated, the Recipient wil not incur new obligations for the terminated portion of the Agreement after the Recipient has rece ved the notification of termination. The Recipient will cancel as many outstanding obligations as possible . Costs incurred after the date of receipt of notice of the termination will be disallowed . Notwithstanding the above , the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient . The Department may, to the e tent authorized by law, withhold any payments to the Recipient for purpose of set- off until such time as the exact amount of damages due the Department from the Recipient is determined. ( 13 ) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement sh 11 be in writing, either by hand delivery, or first class, certified mail , return receipt requested, to the 11