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2012-144
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2012-144
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Last modified
12/31/2015 1:34:50 PM
Creation date
10/1/2015 4:40:44 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/21/2012
Control Number
2012-144
Agenda Item Number
8.BB.
Entity Name
Florida Devision of Emergency Management
Subject
State-Funded Subgrant Agreement
Hazards Analysis Subgrant Agreement
Supplemental fields
SmeadsoftID
11457
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( a ) If any warranty or representation made by the Recipient in this Agreement or any <br /> previous agreement with the Division is or becomes false or misleading in any respect , or if the Recipient <br /> fails to keep or perform any of the obligations , terms or covenants in this Agreement or any previous <br /> 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 /> 6 <br />
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