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2011-199
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2011-199
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Last modified
2/16/2016 2:12:58 PM
Creation date
10/1/2015 2:57:30 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/13/2011
Control Number
2011-199
Agenda Item Number
8.F.
Entity Name
Division of Emergency Management
Subject
2012 Hazards Analysis Update subgrant agreement
Project Number
12-CP-03-10-40-01-196
Supplemental fields
SmeadsoftID
10298
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agreement with the Division and has not cured them in timely fashion , or is unable or unwilling to meet its <br /> obligations under this Agreement ; <br /> ( b ) If material adverse changes occur in the financial condition of the Recipient at any <br /> time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty <br /> days from the date written notice is sent by the Division . <br /> ( c) If any reports required by this Agreement have not been submitted to the Division or <br /> have 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 <br /> under this Agreement. <br /> ( 11 ) REMEDIES . <br /> If an Event of Default occurs , then the Division may , after thirty calendar days written <br /> notice to the Recipient and upon the Recipient' s failure to cure within those thirty days , exercise any one <br /> or more of the following remedies , either concurrently or consecutively : <br /> ( a ) Terminate this Agreement, provided that the Recipient is given at least thirty days <br /> prior written notice of the termination . The notice shall be effective when placed in the United States , first <br /> class mail , postage prepaid , by registered or certified mail - return receipt requested , to the address in <br /> paragraph ( 13 ) herein , <br /> ( b) Begin 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 ) Require that the Recipient refund to the Division any monies used for ineligible <br /> purposes 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 <br /> or the extent of non -compliance or lack of performance , <br /> 2 . issue a written warning to advise that more serious measures may be taken if <br /> the situation is not corrected , <br /> 3 . advise the Recipient to suspend , discontinue or refrain from incurring costs for <br /> any activities in question or <br /> 4 . require the Recipient to reimburse the Division for the amount of costs incurred <br /> for any 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 <br /> this Agreement or fails to insist on strict performance by the Recipient , it will not affect , extend or waive <br /> any other right or remedy of the Division , or affect the later exercise of the same right or remedy by the <br /> Division for any other default by the Recipient . <br /> 6 <br />
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