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2010-240
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2010-240
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materials preparedness , response , recovery or mitigation activities . Contract funds are not required to <br /> be expended within the contract period ; however , all work must be performed during the contract period . <br /> Any payments received after termination of the Agreement shall be considered payments for work <br /> performed pursuant to the Agreement . <br /> If the necessary funds are not available to fund this Agreement as a result of action by the United <br /> States Congress , the federal Office of Management and Budgeting , the State Chief Financial Officer or <br /> under subparagraph ( 20 ) ( h ) of this Agreement, all obligations on the part of the Division to make any <br /> further payment of funds shall terminate . <br /> ( 18 ) REPAYMENTS <br /> All refunds or repayments due to the Division under this Agreement are to be made payable to <br /> the order of " Department of Community Affairs" and mailed directly to the following address : <br /> Department of Community Affairs <br /> Cashier <br /> Finance and Accounting <br /> ' 2555 Shumard Oak Boulevard <br /> Tallahassee FL 32399-2100 <br /> In accordance with Section 215 . 34 ( 2 ) , Fla . Stat . , if a check or other draft is returned to the Division for <br /> collection , Recipient shall pay the Division a service fee of $ 15 . 00 or 5 % of the face amount of the <br /> returned check or draft, whichever is greater. <br /> ( 19 ) MANDATED CONDITIONS <br /> (a ) The validity of this Agreement is subject to the truth and accuracy of all the <br /> information , representations , and materials submitted or provided by the Recipient in this Agreement , in <br /> any later submission or response to a Division request , or in any submission or response to fulfill the <br /> requirements of this Agreement . All of said information , representations , and materials is incorporated by <br /> reference . The inaccuracy of the submissions or any material changes shall , at the option of the Division <br /> and with thirty days written notice to the Recipient , cause the termination of this Agreement and the <br /> release of the Division from all its obligations to the Recipient . <br /> ( b ) This Agreement shall be construed under the laws of the State of Florida , and venue <br /> for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision <br /> of this Agreement is in conflict with any applicable statute or rule , or is unenforceable , then the provision <br /> shall be null and void to the extent of the conflict , and shall be severable , but shall not invalidate any other <br /> provision of this Agreement. <br /> ( c ) Any power of approval or disapproval granted to the Division under the terms of this <br /> Agreement shall survive the term of this Agreement . <br /> (d ) This Agreement may be executed in any number of counterparts , any one of which <br /> may be taken as an original . <br /> (e ) The Recipient agrees to comply with the Americans With Disabilities Act ( Public Law <br /> 10 '1 -336 , 42 U . S . C . Section 12101 et sea . ) , which prohibits discrimination by public and private entities on <br /> 9 <br />
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