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A TRUE COPY <br /> • CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> after any Events of Default without waiving the right to exercise such remedies , and without becoming liable to <br /> make any further payment : <br /> (a) If any warranty or representation made by the Recipient in this Agreement or any previous <br /> agreement with the Division is or becomes false or misleading in any respect , or if the Recipient fails to keep or <br /> perform any of the obligations , terms or covenants in this Agreement or any previous agreement with the Division <br /> and has not cured them in timely fashion , or is unable or unwilling to meet its obligations under this Agreement; <br /> (b) If material adverse changes occur in the financial condition of the Recipient at any time during <br /> the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date <br /> written notice is sent by the Division . <br /> (c) If any reports required by this Agreement have not been submitted to the Division or have <br /> been submitted with incorrect, incomplete or insufficient information ; <br /> (d) If the Recipient has failed to perform and complete on time any of its obligations under this <br /> Agreement. <br /> ( 11 ) REMEDIES . <br /> If an Event of Default occurs , then the Division may, after thirty calendar days written notice to the <br /> Recipient and upon the Recipient's failure to cure within those thirty days , exercise any one or more of the <br /> following remedies , either concurrently or consecutively: <br /> (a) Terminate this Agreement , provided that the Recipient is given at least thirty days prior <br /> written notice of the termination . The notice shall be effective when placed in the United States , first class mail , <br /> postage prepaid , by registered or certified mail- return receipt requested , to the address in paragraph ( 13) herein ; <br /> (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement ; <br /> (c) Withhold or suspend payment of all or any part of a request for payment ; <br /> (d) Require that the Recipient refund to the Division any monies used for ineligible purposes <br /> under the laws , rules and regulations governing the use of these funds . <br /> (e) Exercise any corrective or remedial actions , to include but not be limited to : <br /> 1 . request additional information from the Recipient to determine the reasons for or the <br /> extent of non- compliance or lack of performance , <br /> 2 . issue a written warning to advise that more serious measures may be taken if the <br /> situation is not corrected , <br /> 3 . advise the Recipient to suspend , discontinue or refrain from incurring costs for any <br /> activities in question or <br /> 4 . require the Recipient to reimburse the Division for the amount of costs incurred for any <br /> items determined to be ineligible ; <br /> (f) Exercise any other rights or remedies which may be available under law. <br /> (g) Pursuing any of the above remedies will not stop the Division from pursuing any other <br /> remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this <br /> Agreement or fails to insist on strict performance by the Recipient , it will not affect, extend or waive any other right <br /> 6 <br />