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A TRUE COPY CERTIFICATION ON LAST PAGE Edward Byrne Memorial Justice Assistance Grant (JAG) Program J . K . BARTON , CLERK Florida Department of Law Enforcement g . If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h . The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers , or both , the Department shall impose sanctions it deems appropriate including withholding payments and cancellation , termination , or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction . The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction . 18. Commencement of Project a . If a project is not operational within 60 days of the original start date of the award period , the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date . b . If a project is not operational within 90 days of the original start date of the award period , the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety ( 90 ) day letter, the Department shall determine if the reason for delay is justified or shall , at its discretion , unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects . The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period , but only by formal written adjustment to this agreement. 19. Excusable Delays a . Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include , but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods , epidemics , quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case , the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient . b . If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them , the subgrant recipient shall not be deemed in default, unless: ( 1 ) Supplies or services to be furnished by the consultant were obtainable from other sources , SFY 2011 Page 6