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2010-173
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2010-173
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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> or remedy of the Division , or affect the later exercise of the same right or remedy by the Division for any other <br /> default by the Recipient . <br /> ( 12) TERMINATION . <br /> (a) The Division may terminate this Agreement for cause after thirty days written notice . Cause <br /> can include misuse of funds , fraud , lack of compliance with applicable rules , laws and regulations , failure to <br /> perform on time , and refusal by the Recipient to permit public access to any document, paper, letter, or other <br /> material subject to disclosure under Chapter 119 , Fla . Stat . , as amended . <br /> (b) The Division may terminate this Agreement for convenience or when it determines , in its sole <br /> discretion , that continuing the Agreement would not produce beneficial results in line with the further expenditure <br /> of funds , by providing the Recipient with thirty calendar days prior written notice . <br /> (c) The parties may agree to terminate this Agreement for their mutual convenience through a <br /> written amendment of this Agreement . The amendment will state the effective date of the termination and the <br /> procedures for proper closeout of the Agreement. <br /> (d) In the event that this Agreement is terminated , the Recipient will not incur new obligations for <br /> the terminated portion of the Agreement after the Recipient has received the notification of termination . The <br /> Recipient will cancel as many outstanding obligations as possible . Costs incurred after receipt of the termination <br /> notice will be disallowed . The Recipient shall not be relieved of liability to the Division because of any breach of <br /> Agreement by the Recipient . The Division may , to the extent authorized by law, withhold payments to the <br /> Recipient for the purpose of set- off until the exact amount of damages due the Division from the Recipient is <br /> determined . <br /> (13) NOTICE AND CONTACT . <br /> (a) All notices provided under or pursuant to this Agreement shall be in writing , either by hand <br /> delivery , or first class , certified mail , return receipt requested , to the representative named below, at the address <br /> below , and this notification attached to the original of this Agreement . <br /> (b) The name and address of the Division contract manager for this Agreement is : <br /> Wendy Stewart <br /> Florida Division of Emergency Management <br /> 2555 Shumard Oak. Boulevard <br /> Tallahassee , Florida 32399-2100 <br /> Telephone : 850- 922- 7447 <br /> Fax: 850-488-7842 <br /> Email :wendy . stewart@em . myflorida . com <br /> 7 <br />
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